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SAHYOG Portal: About, Prime Details, Challenges, Key Takeaways & UPSC Notes
IMPORTANT LINKS
Syllabus |
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Topics for Prelims |
Sahyog Portal, Information Technology (IT) Act, 2000, Sections of the IT act. |
Topics for Mains |
Economic Development, Science & Technology, Biodiversity, Environment, Security, Disaster Management. |
Subjects | PDF Link |
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What is the 'SAHYOG Portal'?
SAHYOG is a centralized forum designed by the Ministry of Home Affairs (MHA) under the Indian Cyber Crime Coordination Centre (I4C). It is developed to facilitate data access for law enforcement agencies (LEAs) and enable the removal of illegal online content under the IT Act of 2000. "Sahyog portal” has been launched in 2024 to expedite the method of sending notices to IT intermediaries by the appropriate government or its agency under Clause (b) of Sub-section (3) of Section 79 of the IT Act, 2000 to enable the disabling or removal of access to any data or communication link being used to commit an unlawful act,"Union Minister of State for Home Affairs” Bandi Sanjay Kumar said in Rajya Sabha. The X platform's refusal to be compelled to join the SAHYOG portal has brought to light concerns regarding the government's control over content on the internet.
Prime Details of SAHYOG Portal
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Check National Water Mission UPSC Notes here!
SAHYOG Portal & Sections of IT Act
- Section 69A authorizes the center to stop public access to online content under typical cases to safeguard national safety, sovereignty, and public order.
- Section 79 presents "safe harbor" security to online intermediaries, shielding them from harm from third-party content if they work neutrally.
- Under Section 79(3)(b), intermediaries fail this immunity if they fail to function expeditiously on information about prohibited content.
How does Section 79(3)(b) of the IT Act differ from Section 69A regarding content takedown provisions?
Aspect
Section 69A
Section 79(3)(b)
Nature of Obligation
The government can instantly block content if it risks national safety, sovereignty, or public order.
Intermediaries (social media platforms, websites) must clear content if they have a "real understanding" of illegality or obtain a court or government order.
Who Gives Takedown Charges?
Only the central government can order content blocking through a secret strategy.
Takedown is needed based on court directives or government reports; intermediaries must act or lose their secure harbor protection.
Lawful Protection & Due Process
Judgments are driven privately by a government panel, specifying clarity and permitted recourse.
Deliver some capacity for judicial consideration, as takedown recommendations are often based on court orders.
Scope of Application
Target content impacting national safety, public order, or social ties with foreign states.
It largely refers to unlawful content, including defamation, copyright breaches, and hate speech.
Sample Procedures
The government can block or restrict specific tweets for national safety concerns (e.g., India's TikTok ban in 2020).
If a court sees a defamatory post on social media, the digital platform must dismiss it.
Why has X (formerly Twitter) challenged the SAHYOG portal in the Delhi High Court?
Aspect |
Section 69A |
Section 79(3)(b) |
Nature of Obligation |
The government can instantly block content if it risks national safety, sovereignty, or public order. |
Intermediaries (social media platforms, websites) must clear content if they have a "real understanding" of illegality or obtain a court or government order. |
Who Gives Takedown Charges? |
Only the central government can order content blocking through a secret strategy. |
Takedown is needed based on court directives or government reports; intermediaries must act or lose their secure harbor protection. |
Lawful Protection & Due Process |
Judgments are driven privately by a government panel, specifying clarity and permitted recourse. |
Deliver some capacity for judicial consideration, as takedown recommendations are often based on court orders. |
Scope of Application |
Target content impacting national safety, public order, or social ties with foreign states. |
It largely refers to unlawful content, including defamation, copyright breaches, and hate speech. |
Sample Procedures |
The government can block or restrict specific tweets for national safety concerns (e.g., India's TikTok ban in 2020). |
If a court sees a defamatory post on social media, the digital platform must dismiss it. |
X Corp (formerly Twitter) has filed a lawsuit in the High Court against the Indian government, challenging alleged censorship and content regulation through Section 79 of the Information Technology (IT) Act, 2000, and the newly introduced Sahyog portal. X argued that content regulation orders be issued only under Section 69A of the IT Act, 2000. The Centre informed the Karnataka High Court that Elon Musk-owned X's description of the government's Sahyog portal as a "censorship portal" is "unfortunate" and "condemnable."
- Presence of an Independent Mechanism: X argues that it has its technique to process proper, lawful demands for content disposal and cannot be forced to join the SAHYOG portal.
- Lawful Concerns Over Similar Mechanisms: The party asserts that the SAHYOG portal forms a similar content disposal mechanism without the severe legal protection summarized in Section 69A of the Information Technology Act, 2000.
- Possible for Unchecked Censorship: X is concerned that the portal could direct to blunt censorship by permitting numerous government administrators to publish content removal directives without appropriate leadership.
UPSC Previous Year Question (PYQ) MAINS Q. Discuss Section 66A of the IT Act concerning its alleged violation of Article 19 of the Constitution. [UPSC 2013] |
Challenges with the SAHYOG Portal
Under SAHYOG, there are no possibilities for platforms or people to question blocking orders, unlike Section 69A, which provides consideration mechanisms and lawful recourse for parties concerned by such orders. The SAHYOG portal does not have the procedural protections that are otherwise functional under Section 69A, which increases problems regarding the clarity and responsibility of the procedure. In December, the Delhi High Court, in its order for Shabana vs. Govt of NCT Delhi, highlighted the operationalization of the Sahyog Portal to take down illegal content under Section 79(3)(b) of the IT Act, 2000. The Delhi High Court has also directed IT intermediaries to onboard the Sahyog Portal and deliver the status of their onboarding during the successive hearing.
- Bypassing Section 69A Safeguards: The government's use of Section 79(3)(b) to allow the design of a content takedown portal like SAHYOG has raised concerns about missing the fixed safeguards delivered under Section 69A of the IT Act.
- Section 69A: Permits content stopping only on typical grounds, such as national safety or public order, with procedural protection, such as permission from a commissioned officer, documented justification, and a separate review of the blocking proposal.
- Numerous Agencies with Stopping Powers: SAHYOG would facilitate different government mechanisms, including Ministries, State governments, and regional police, to have content-blocking capabilities. This is a departure from Section 69A, which defines this ability to exact authorities.
- Uncontrolled Censorship: SAHYOG could be misapplied for uncontrolled censorship, as it lacks the thorough grounds and procedural protection Section 69A grants.
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Key Takeaways on SAHYOG Portal for UPSC Aspirants!
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Download SAHYOG Portal Key Takeaways PDF
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Subject-wise Prelims Previous Year Questions |
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SAHYOG Portal UPSC FAQs
What is the Sahyog portal?
Sahyog Portal is an online design organized by the Ministry of Home Affairs that permits state police and different government units to issue takedown requests instantly, ignoring due procedure under Section 69A.
What is Project Sahyog?
Development of products on significant research articles, as well as on existing research agendas and schemes in the area of biomass and bio-waste
What is the future of the SAHYOG portal?
The government prepares a phased rollout with better intermediaries wishing to onboard. Additional lawful transparency on the function of platforms and the service of Section 79(3)(b) may shape its long-term performance.
Why has X (formerly Twitter) refused to join the SAHYOG portal?
X has claimed in court that it already has its strategy for managing data demands and that compulsory onboarding to SAHYOG is unnecessary.
How has the judiciary responded to X's objections?
The Karnataka High Court is hearing X's petition against Section 79(3)(b), with the party claiming that it is an unconstitutional content-blocking tool.