Copyright, free speech: a look into India’s Digital Paradox, report

Bengaluru: The Karnataka high court in September 2025 issued a verdict in X Corp versus Union of India case upholding the Union government’s Sahyog portal to issue content-removal directions, thus potentially redefining how India governs its digital space, The Wire reported.

Sahyog portal allows central and state authorities alongside police officers to issue directions to remove contents under Section 79(3)(b) of the Information Technology Act, 2000 and Rule 3(1)(d) of the Intermediary Guidelines, 2021.

Calling Sahyog merely a ‘facilitation mechanism’ that streamlines communication between the government and online platforms, the court rejected X Corp’s argument that the portal circumvents Section 69A of the Act that ‘regulates blocking orders and prescribes safeguards such as written reasons, notice, and review’, according to the report.

While announcing its plans to appeal in the case, X Corp warned the judgment could lead to ‘millions of officers’ demanding takedowns without oversight, causing ‘arbitrary censorship’.

The court’s decision triggered what the report said ‘ a broader debate’ on India’s takedown regimes just as Sahyog ‘expands executive power to suppress speech’.

It is reported that the major takedown system aiming at protecting artists from copyright infringement remains largely ineffective.

The ruling brings to focus India’s takedown regimes which stems from the Copyright Act 1957 read with Section 79 of the IT Act.

In the event of a song, movie clip or photography is uploaded without obtaining permission, the copyright holder can send notice asking the platform to takedown the material.

This ‘notice-and-takedown’ arrangement helps creators maintain control over their work while platform can retain their ‘safe-harbour’ immunity.

However, the system, according to the report, has proved ‘inadequate’ with artists and record labels however spending huge resources fighting ‘unauthorised uploads’ they could still reappear almost instantly.