SAHYOG Portal: Digital Policing and Its Challenges

What is the SAHYOG Portal?

• SAHYOG is a centralized government platform proposed to facilitate coordination among various law enforcement agencies and social media intermediaries.
• It is meant to streamline takedown requests for unlawful or harmful online content.
• The portal is part of an official move initiated by the Ministry of Electronics and IT (MeitY) and the Ministry of Home Affairs (MHA), formalized via office memoranda in October 2023.

How Does SAHYOG Help the Government?

• Faster content removal: Helps in quick blocking of unlawful or harmful content across digital platforms.
• Inter-agency coordination: Provides a digital bridge between different government agencies (like Home, IT, Defence Ministries, State Police, etc.) and online platforms.
• Law enforcement efficiency: Social media platforms can use the portal to quickly comply with takedown requests under Section 79(3)(b) of the IT Act.
• Public safety and national security: Targets illegal content like hate speech, child pornography, misinformation, and terrorism-related material.

Legal Framework Involved

• Section 69A of the IT Act: Provides legal procedures for content blocking, including reasons such as national security and public order. Requires approval from a designated officer, and detailed procedures.
• Section 79 of the IT Act: Grants “safe harbour” to intermediaries, protecting them from liability for third-party content unless they are directly informed of illegality and fail to act.

Issues and Concerns

• Bypassing safeguards: Critics argue SAHYOG uses Section 79(3)(b) to bypass the detailed procedural safeguards required under Section 69A (such as approval and justification).
• Potential misuse: The platform could be used for unchecked censorship by multiple agencies without transparency or accountability.
• Lack of judicial oversight: No requirement for judicial review or approval, risking violation of free speech and rights.
• Opaque mechanism: X (formerly Twitter) argued in court that compelling them to join SAHYOG lacks due process and clarity under law.
• Legal challenges: The Delhi and Karnataka High Courts are currently hearing petitions challenging the portal’s legality and implications.

Conclusion
While SAHYOG offers efficiency in policing online content, its current structure raises serious concerns over transparency, legal compliance, and free speech. It is crucial to ensure that any such platform adheres to constitutional safeguards and the procedural rigor of Section 69A, to avoid backdoor censorship and uphold the rule of law in digital governance.

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