The Supreme Court has stayed proceedings in cases pending before the Karnataka and Bombay High Courts challenging the Centre’s Sahyog portal and the legal framework used for issuing online content takedown directions.
The order came on transfer petitions filed by the Union government, which has sought to bring the cases before the Supreme Court for a consolidated examination of the constitutional questions surrounding Section 79(3)(b) of the Information Technology Act, 2000, and related provisions of the IT Rules.
SC stays pending proceedings
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana ordered that proceedings in the pending High Court cases remain stayed for the time being.
The Centre has sought the transfer of the challenges to the Supreme Court, arguing that similar questions of law are being considered by different High Courts.
The apex court is expected to consider the government’s plea for consolidation on August 10 and has indicated that it may itself examine the constitutional issues raised in the petitions.
X, DigiPub among challengers
The pending challenges include petitions involving X Corp, the DigiPub News India Foundation and comedian Kunal Kamra.
The cases question the Centre’s use of the Sahyog portal and Section 79(3)(b) of the IT Act for issuing directions to online intermediaries to remove or disable access to content.
Petitioners have raised concerns about whether the mechanism permits content takedowns without the procedural safeguards associated with blocking orders under Section 69A of the IT Act.
What is Sahyog portal
The Sahyog portal was developed by the Indian Cyber Crime Coordination Centre (I4C) under the Ministry of Home Affairs to facilitate coordination between government agencies and online intermediaries.
It provides a digital mechanism through which authorised agencies can communicate notices relating to unlawful online content to intermediaries under Section 79(3)(b).
The provision is linked to the conditional legal protection, commonly known as “safe harbour”, available to intermediaries for third-party content hosted on their platforms.
Constitutional questions raised
At the heart of the dispute is whether government agencies can use Section 79(3)(b) and the corresponding intermediary rules as a mechanism for ordering content takedowns without following the procedure prescribed under Section 69A.
The challenges have consequently raised wider questions concerning freedom of speech, intermediary liability, government powers over digital content and the procedural protections that should accompany takedown directions.
The petitioners have argued that allowing multiple government agencies to issue such directions could create a parallel mechanism for blocking online content.
The Centre, however, has defended the framework as necessary for ensuring timely coordination between law enforcement agencies and internet platforms.
Karnataka HC backed portal
The Karnataka High Court had previously upheld the Sahyog mechanism while dealing with X Corp’s challenge, describing the portal as an instrument serving a public purpose.
X had challenged the government’s interpretation of Section 79(3)(b), maintaining that blocking online content should be governed by Section 69A and the safeguards built into that provision.
The dispute has since acquired wider significance as other petitioners have challenged the use of the portal before different High Courts.
SC may settle issue
By staying the proceedings before the High Courts, the Supreme Court has temporarily prevented parallel adjudication of substantially similar constitutional questions.
The next stage will determine whether the pending cases should formally be transferred to the apex court and heard together.
A decision by the Supreme Court could eventually clarify the extent of the government's powers to seek removal of online content under Section 79(3)(b), the safeguards required while exercising those powers, and the relationship between that provision and the blocking mechanism under Section 69A.