New Delhi: The Delhi High Court on Friday clarified that the “safe harbour” protection granted to social media platforms under the law does not exempt X Corp—formerly known as Twitter—from joining the government’s Sahyog portal. A bench comprising Justices Prathiba M. Singh and Amit Sharma was hearing X Corp’s plea seeking discharge from ongoing proceedings related to delays in sharing information with police.
Court Questions X’s Refusal
X Corp had argued that its challenge against joining the Sahyog portal is still pending before the Karnataka High Court. However, the Delhi High Court bench noted that the existing safe harbour provisions under law do not protect a platform from cooperating in criminal investigations.
“The existing safe harbour provisions… do not give protection to the extent that you can refuse and say that in cases of crimes we cannot come on board. That’s the feeling that we have,” the court remarked.
Understanding Safe Harbour under IT Act
Under Section 79 of the Information Technology Act, intermediaries are shielded from liability for third-party content hosted on their platforms, provided certain conditions are met. The court stressed, however, that this protection cannot be interpreted to hinder criminal probes or delay information sharing with law enforcement agencies.
Need for a Centralised Portal
The bench emphasized that it is impractical for investigating officers to approach dozens of social media platforms individually 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, noting that several countries use centralised portals for quicker investigations.
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X Corp Argues Sahyog Portal Is Optional
Senior counsel for X Corp argued that the matter at hand concerns a missing person case and claimed that, as per the Indian Cyber Crime Coordination Centre (I4C), joining the Sahyog portal is an administrative and optional step.
About the Sahyog Portal
The Sahyog portal was developed by the government to automate the process of sending notices to intermediaries under the IT Act, 2000. It allows law enforcement agencies to request the removal or blocking of unlawful content, data, or communication links efficiently, bringing authorised agencies and intermediaries onto a single platform.
Case Background
The Delhi High Court case arises from a habeas corpus petition filed by a woman seeking the production of her 19-year-old son, missing since January 10, 2024. The court noted significant delays between police requests and responses from various platforms.
More than 60 Intermediaries Already Onboard
The Centre 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 requested other platforms to comply.
Karnataka High Court Ruling
Earlier, on September 24, 2025, a single-judge bench of the Karnataka High Court dismissed X Corp’s plea challenging the Sahyog portal. X Corp’s appeal against that ruling is currently pending before a division bench of the Karnataka High Court.