3 weeks ago
Supreme Court stays Sahyog portal challenges, hearing August 10
The Supreme Court is the highest court in India.
It has paused, or stayed, a group of court cases about a government website called the Sahyog portal.
The Sahyog portal helps the government tell websites and apps to remove online posts.
Some companies and people, such as X Corp, news publishers and comedian Kunal Kamra, say the portal lets the government delete content without telling the person who posted it or giving them a chance to explain.
They believe takedowns should only happen through a stricter legal process called Section 69A, which has safeguards.
The government says the portal is only a tool to pass along messages, and the real blocking powers remain under Section 69A.
One court had earlier agreed with that view, calling the portal a 'facilitation tool.'
The government also asked for all the cases to be heard together in one court so different judges do not give conflicting decisions.
The Supreme Court agreed to pause the cases and will take up the government's request on 10 August.
It may even decide the big constitutional question about online content takedowns itself.
The Supreme Court stayed all pending high court challenges to the Union government's Sahyog portal and its use of Section 79(3)(b) of the Information Technology Act to order online content takedowns.
The stay freezes four matters: two before the Karnataka High Court and two before the Bombay High Court.
The Union of India filed transfer petitions seeking to consolidate the cases in a single forum, arguing that parallel proceedings on a central law could produce conflicting decisions.
A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana issued notice returnable on 10 August, signalling it may decide the constitutional question itself.
Challengers X Corp, DigiPub News India Foundation, journalist Abhinandan Sekhri, comedian Kunal Kamra and Senior Advocate Haresh Jagtiani argue the portal enables takedowns without the safeguards of Section 69A and the 2009 Blocking Rules.
- Who
- A Supreme Court of India bench led by Chief Justice of India Surya Kant with Justices Joymalya Bagchi and V. Mohana; the Union of India represented by Solicitor General Tushar Mehta; and petitioners X Corp, DigiPub News India Foundation, Kunal Kamra and Haresh Jagtiani.
- What
- The court stayed all four pending high court challenges to the Sahyog portal and Section 79(3)(b) of the IT Act, and will hear the Union's plea to consolidate the cases on 10 August.
- Where
- Supreme Court of India, New Delhi; the stayed proceedings were before the Karnataka and Bombay High Courts.
- When
- The order was passed on 22 July; the next hearing is on 10 August.
- Why
- The Union argued that parallel proceedings on the validity of a central law in more than one high court could produce conflicting decisions, while petitioners contend the portal enables content takedowns without the procedures and safeguards of Section 69A, violating natural justice and free speech.
Petitioners (X Corp, DigiPub, Kunal Kamra)
Union Government
Content takedown powers under Section 79(3)(b)
Petitioners (X Corp, DigiPub, Kunal Kamra)
Section 79(3)(b) is a safe-harbour provision and does not confer power to issue blocking orders; takedowns may happen only under Section 69A with its procedures. The Sahyog portal lets ministries, state departments and police remove content without notice or hearing, breaching natural justice and free speech under Article 19(1)(a).
Union Government
The Sahyog portal is merely a facilitation tool that routes takedown communications between agencies and intermediaries; binding blocking powers remain under Section 69A, and a single judge previously held the same.
Consolidating the cases in a single forum
Petitioners (X Corp, DigiPub, Kunal Kamra)
The high court challenges should proceed on their existing tracks, including the Bombay High Court hearing that was scheduled for 14 August, so the constitutional questions are examined in open court.
Union Government
Parallel proceedings on the validity of a central law across more than one high court could produce conflicting decisions, so all cases should be transferred to a single forum.
Key facts
- Court
- Supreme Court of India
- Order passed
- 22 July
- Next hearing
- 10 August
- Cases stayed
- 4 (2 before Karnataka High Court, 2 before Bombay High Court)
- Key legal provisions
- Section 79(3)(b) and Section 69A, Information Technology Act; Rule 3(1)(d), IT (Intermediary Guidelines) Rules 2021
- Portal developed by
- Ministry of Home Affairs
- Petitioners
- X Corp, DigiPub News India Foundation, Kunal Kamra, Haresh Jagtiani
- Content removal deadline under amended rule
- 36 hours
Sources
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