The Delhi High Court on Friday said that the “safe harbour” protection available to social media platform X, formerly known as Twitter, under the law does not exempt it from joining the government’s Sahyog portal. A bench comprising Justices Prathiba M. Singh and Amit Sharma was hearing X Corp’s application seeking discharge from ongoing proceedings related to delays in providing information to the police by social media platforms.
Court questions X’s refusal to join Sahyog portal
During the hearing, X submitted that its plea against joining the Sahyog portal is currently pending before the Karnataka High Court. However, the bench orally observed that the existing safe harbour provisions do not offer protection to the extent that a platform can refuse to cooperate in criminal investigations.
“The existing safe harbour provisions, in the opinion of this court, do not give you protection to that extent that you can refuse and say that in the case of crimes we cannot come on board. That’s the feeling that we have,” the bench remarked.
What safe harbour under IT act means
Section 79 of the Information Technology Act grants “safe harbour” to intermediaries by shielding them from liability for third-party content hosted on their platforms under specific circumstances. The court, however, stressed that this protection cannot be interpreted to hinder criminal investigations or delay the sharing of crucial information with law enforcement agencies.
Centralised portal needed for faster investigations
The court said it would be “impossible” for investigating agencies to individually approach multiple social media platforms for urgent information.
“Every investigating officer of every police station in the country can’t go to 30–40 platforms to get information. It is impossible,” the court observed, adding that several countries operate centralised portals for such purposes.
X argues Sahyog Portal is optional
Senior counsel appearing for X argued that the scope of the present proceedings was limited, as the case pertained to a missing person. He also submitted that, according to the Indian Cyber Crime Coordination Centre (I4C), joining the Sahyog portal is an administrative and optional measure.
What is the Sahyog portal?
According to the government, Sahyog was developed to automate the process of sending notices to intermediaries under the IT Act, 2000. The portal facilitates the removal or disabling of access to information, data, or communication links used for unlawful activities.
The aim is to bring authorised agencies and intermediaries onto a single platform to ensure swift action against unlawful online content.
Case linked to missing person petition
The matter before the Delhi High Court arises from a habeas corpus petition filed by a woman seeking the production of her 19-year-old son, who has been missing since January 10, 2024. The court noted a significant “lag” between police requests for information and responses received from various platforms.
More than 60 intermediaries already onboard
The Centre’s counsel had earlier informed the court that over 60 intermediaries have already joined the Sahyog portal. The Indian Cyber Crime Coordination Centre, under the Home Ministry, has also sent requests to other platforms to comply.
Karnataka High Court ruling on Sahyog portal
On September 24, 2025, a single-judge bench of the Karnataka High Court dismissed X Corp’s plea challenging the legality of the Sahyog portal. X’s appeal against that ruling is currently pending before a division bench of the Karnataka High Court.
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