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Government Defends Sahyog Portal and Conditional Safe Harbour as X Corp’s Free Speech Standing Is Challenged

Solicitor General Tushar Mehta told the Karnataka High Court that X must join the Sahyog Portal under Rule 3(1)(d) or lose safe harbour protection because it cannot claim constitutional speech rights as a mere intermediary

Solicitor general Tushar Mehta told the Karnataka high court about the fictional account to illustrate his point. (Shutterstock)
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Solicitor General Tushar Mehta.
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Overview

  • The Centre argued that the Sahyog Portal is a purely administrative mechanism under Rule 3(1)(d) to issue takedown notices without bypassing the due-process blocking orders under Section 69A
  • Mehta contended that X Corp, as a foreign intermediary, lacks locus standi to invoke Article 19 free speech rights and described the platform as a “notice board” rather than a speaker
  • Failure to act on government or court notifications through the portal leads to loss of safe harbour immunity under Section 79, exposing intermediaries to liability for user-generated content
  • The government highlighted risks of algorithmic amplification and unchecked anonymity by demonstrating how a fake verified “Supreme Court of Karnataka” account could be created on X
  • Further arguments are scheduled for July 25 as the Karnataka High Court continues to balance platform accountability, free expression and procedural safeguards under Sections 79 and 69A