Comedian Kunal Kamra and Senior Advocate Haresh Jagtiani have approached the Bombay High Court questioning the legality of the government’s Sahyog Portal, contending that it enables unlawful and unchecked removal of online content.
In separate petitions, the two petitioners have challenged the portal along with recent amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. They argue that the Sahyog Portal permits government officials to seek takedown or blocking of digital content without following due process safeguards mandated under law.
According to the pleas, the portal allows content to be removed without issuing prior notice to the creator, granting an opportunity of hearing, or passing reasoned orders. The petitioners submit that such a framework violates principles of natural justice and imposes disproportionate restrictions on the right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution.
The challenge also targets Rule 3(1)(d) of the IT Rules, which was amended recently to expand the obligations of online intermediaries. Kamra and Jagtiani argue that when read together with the Sahyog Portal, the amended rule confers excessive and vague powers on authorities, potentially leading to arbitrary censorship and a chilling effect on online speech.
The petitions further state that the mechanism bypasses the statutory procedure laid down under Section 69A of the Information Technology Act, which prescribes specific checks and balances for blocking online information in limited circumstances such as national security or public order.
While the government has maintained that the Sahyog Portal was introduced to ensure swift removal of unlawful online content, the petitioners assert that its current structure undermines constitutional protections and lacks adequate accountability.
The matter is expected to be taken up by the Bombay High Court in the coming weeks, with the case likely to have wider implications for digital free speech, intermediary regulation, and government oversight of online content.
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