Sahyog Platform Used to Bypass Legal Process, X Claims in Karnataka HC

Swift Summary:

• Case Overview: X Corp has challenged the Indian government’s Sahyog portal in the Karnataka High Court, arguing that it forces social media platforms to bypass legal due process for content removal.
• Allegations: Senior advocate KG Raghavan asserted that the portal shifts decision-making responsibilities from legal authorities to intermediaries, pressuring platforms to make commercial choices or risk losing safe harbour protection under Section 79 of the IT act.
• Key Arguments:

– X Corp contends that Sahyog’s approach contradicts procedural safeguards established by the Supreme Court’s Shreya Singhal judgment (2015).
– they argue onyl Section 69A allows content blocking within a legally supervised framework.
– Raghavan claimed Sahyog operates without statutory backing or autonomous review of takedown orders, undermining checks and balances.

• Support for X Corp: DIGIPUB, intervening in support of X, emphasized adherence to Shreya Singhal as binding precedent.
• government Stance: The Solicitor General previously argued against “special treatment” for X and warned of legal consequences if compliance is not met. The government stated similar platforms like Google and Microsoft have joined Sahyog voluntarily.
• Judgment Awaited: The Karnataka High Court has reserved its judgment after hearing final arguments.

Indian Opinion Analysis:

The case raises essential questions about balancing national security interests and digital rights. By challenging Sahyog portal practices, X Corp spotlights concerns over executive control possibly overriding judicial mechanisms meant to safeguard user freedoms. While seamless takedown procedures might potentially be efficient during emergencies or pressing scenarios such as hate speech proliferation, procedural integrity becomes critical given India’s democratic commitment.This discourse could significantly influence intermediary liability frameworks going forward as major global peers already comply with Sahyog directives without objections thus far.Judicial clarity on whether operational shortcuts through portals like Sahyog undermine constitutional safeguards may set precedents affecting both local governance strategies for digital regulation and global platform policies towards India-a prominent market player in technology space operations globally.

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