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. 
• Sahyog Portal: The Sahyog Portal has been launched by the Ministry of Home Affairs (MHA) to enhance collaboration between government agencies and social media intermediaries for easy compliance and safer cyberspace.  
  • It streamlines the reporting and removal of unlawful content and facilitates data requests from law enforcement under the IT Act, 2000.  
  • It integrates authorized agencies (like police) and intermediaries on a single platform, ensuring swift action against illegal digital activities.  
• Sections of IT Act: 
  • Section 69A: It empowers the centre to block public access to online content under specific circumstances to protect national security, sovereignty, and public order. 
  • Section 79: It grants "safe harbor" protection to online intermediaries, protecting them from liability for third-party content if they act neutrally.  
    • Under Section 79(3)(b), intermediaries lose this immunity if they fail to act expeditiously on notices regarding illegal content.

What are Information Technology Amendment Rules, 2023?

• Obligatory for Intermediaries:
  • No platform can allow harmful unapproved online games and their advertisements.
  • They should not share false information about the Indian government, as confirmed by a fact-checking unit.
    • An online intermediary – including social media platforms like Facebook, YouTube and Twitter and internet service providers like Airtel, Jio and Vodafone Idea – should make “reasonable efforts” to not host content related to the Central Government that is “identified as fake or misleading” by a “fact check unit” that may be notified by the IT Ministry.
• Self-Regulatory Bodies:
  • Platforms providing online gaming will have to register with a Self-Regulatory Body (SRB) that will determine whether or not the game is "permissible."
  • The platform should ensure that online games do not involve any gambling or betting elements. They should also comply with legal requirements, standards, and safety precautions such as parental controls.
• Losing Safe Harbour:
  • If any piece of information is marked as fake by the upcoming fact check unit, intermediaries will be required to take it down, failing which they would risk losing their safe harbour, which protects them from litigation against third-party content.
    • Social media sites will have to take down such posts, and internet service providers will have to block URLs of such content.