SAHYOG Portal, Objective, Working and Concerns

Explore the SAHYOG Portal, a digital platform aimed at enhancing collaboration, data sharing, and coordination among government agencies for efficient decision-making and governance.

Table of Contents

Context: X Corp sued the Indian government, challenging content regulation under Section 79 of the IT Act and the Sahyog portal for bypassing legal safeguards.

About SAHYOG Portal

Developed by: The Ministry of Home Affairs (MHA) under the Indian Cyber Crime Coordination Centre (I4C).
Objective: To enhance collaboration between government agencies and social media intermediaries to create a safer cyberspace.
Working: The portal streamlines the reporting and removal of unlawful content and facilitates data requests from law enforcement agencies under the Information Technology (IT) Act, 2000.

Concerns Over SAHYOG Portal

Bypassing Legal Safeguards: SAHYOG uses Section 79(3)(b) of the IT Act, which lacks procedural safeguards under Section 69A for content blocking.

Fact

Section 69A of the IT Act allows content blocking only on specific grounds like national security and public order, with procedural safeguards such as:
- Approval by a designated officer
- Written justification
- Independent review of blocking requests

Risk of Censorship and Overreach: The portal allows multiple government agencies (Ministries, State Governments, and Local Police) to issue takedown requests, increasing the risk of unchecked censorship and political misuse.
Violation of Supreme Court Guidelines: The portal’s functioning could violate the Supreme Court’s judgment in Shreya Singhal vs Union of India (2015), which upheld the need for due process and safeguards in content blocking.
Threat to Free Speech: Fear of losing safe harbour protection under Section 79 may push platforms to over-remove content, creating a chilling effect on free speech and online expression.
Absence of Redressal Mechanism: There is no clear mechanism for affected parties to appeal or challenge takedown orders issued through the portal.
Lack of Transparency: The Ministry of Home Affairs (MHA) has not provided detailed information about the portal’s working, raising concerns about accountability and misuse.

Way Forward

Introduce Procedural Safeguards: Align SAHYOG’s framework with Section 69A of the IT Act by ensuring:
- Approval by a designated officer
- Written justification for takedown requests
- Independent review of blocking decisions
Strengthen Oversight and Accountability: Establish an independent regulatory body to monitor the portal’s operations.
- Ensure regular audits and public reporting to prevent misuse.
Ensure Transparency: Publish clear guidelines on the types of content that can be removed.
- Provide public access to data on takedown requests and their outcomes.
Establish a Redressal Mechanism: Create a system for users and platforms to appeal or challenge takedown decisions.
Protect Safe Harbour for Intermediaries: Clarify that intermediaries will retain safe harbour protection under Section 79 unless content violates established legal norms.
- Prevent over-compliance by social media platforms due to fear of penalties.
Maintain Balance Between Security and Free Speech: Ensure that content blocking is restricted to cases involving national security, public order, or legally defined unlawful content.
- Prevent political or ideological misuse of the portal.