X Corp Tells Delhi High Court That It Can't Be Compelled To Onboard SAHYOG Portal, Says It Has Own Mechanism To Take Down Unlawful Content

X Corp. (formerly Twitter) has told the Delhi High Court that it cannot be compelled to come on SAHYOG portal, which has been developed to bring together all authorized agencies and social media intermediaries on one platform for ensuring immediate action against unlawful online information.

The portal aims at achieving a clean cyber space for Indian citizens by automating the process of sending take down notices to social media intermediaries.

X Corp. has said that it has its own portal to process valid legal requests against alleged unlawful content and that the portal would fall outside the statutory scheme of Section 69A of the IT Act.

The social media platform has contended that the portal would create a parallel mechanism to the existing mechanism under Section 69A of the IT Act albeit without any procedures or safeguards.

X Corp's stand was recorded by a division bench headed by Justice Prathiba M Singh while dealing with a habeas corpus plea filed by a mother seeking direction on the Delhi Police to produce her 19 year old son who has been missing since January 10.

The Delhi Police had written to Meta Platforms on September 06 regarding some information relating to an Instagram account of the missing boy.

In its order passed on March 18, the bench, also comprising Justice Amit Sharma, noted that Indian Cyber Crime Coordination Centre (I4C), the nodal agency dealing with cyber crime complaints and for coordination with all the intermediaries, has a grievance against X Corp. on the ground that even in the past when requests have been made in respect of sexual offences against children, such as child sexual exploitation and abuse material content, no response has been received from the social media platform.

In its response, I4C has said that even platform X Corp. ought to come on board the SAHYOG portal.

The Bench noted that 38 Intermediaries, including Telegram, Google, YouTube etc. have already onboarded on the SAHYOG platform whereas Facebook, Instagram and WhatsApp etc. are in the process of being onboarded on the portal.

“It is expected that all platforms shall extend cooperation in furnishing of information to LEAs especially when the same relate to incidents concerning missing children, missing persons, incidents involving security & safety, serious crimes etc.,” the Court said.

Earlier, the Court had directed that a meeting be held with the Delhi Police for enabling preparation of a handbook that may be utilised by the Investigating Officers (IOs) for timely furnishing of information requested by them from social media platforms.

On this, the Court noted that the draft Standard Operating Procedures for submitting requests and the final handbook has been prepared by the Delhi Police. The Court took the handbook, which runs into 79 pages, on record and noted that the same has been approved by the Commissioner of Police.

“Let the said handbook be uploaded by the Delhi Police on its website for access, benefit and guidance of LEAs and similar agencies, across the country,” the Court said.

The matter will now be heard on April 29.

In a related development, X Corp has filed a petition before the Karnataka High Court seeking protection from any coercive action against the company, its representatives or employees, for not joining the portal 'Sahyog', till the final adjudication of its petition.

Title: SHABANA v. GOVT OF NCT OF DELHI AND ORS.

Click here to read order