Mumbai, Feb 06: Stand-up comedian Kunal Kamra and senior advocate Haresh Jagtiani have approached the Bombay High Court challenging the Centre’s Sahyog Portal and a recent amendment to the Information Technology Rules, arguing that the framework gives government officers sweeping powers to block online content without proper legal safeguards.
The petitions, filed on February 4, seek directions to immediately disable and dismantle the Sahyog Portal — a digital system designed to fast-track takedown requests to social media intermediaries.
Challenge to amended IT Rules
The petitioners have also challenged the amendment to Rule 3(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which requires intermediaries to remove objectionable content. The High Court is likely to hear the matter on March 16.
According to the government, the amended rule, which took effect on November 15, 2025, was introduced to ensure that unlawful online content is removed in a transparent, proportionate and accountable manner. However, the petitioners argue that the rule and the portal bypass safeguards built into the Information Technology Act, 2000.
Alleged lack of safeguards
The pleas state that the Sahyog Portal unlawfully allows “thousands of individual officers” from the Centre and state governments to issue blocking or takedown directions without following the procedure laid down under Section 69A of the IT Act and the Blocking Rules of 2009.
These safeguards include notice to the content creator, an opportunity to be heard, and a reasoned written order — protections the petitioners say are missing under the current system.
Calling the framework “ex facie unconstitutional,” the petitioners argue that it enables blocking of online information on vague grounds, resulting in unreasonable restrictions on free speech beyond what is permitted under Article 19(2) of the Constitution.
Kamra’s plea adds that the regime violates fundamental rights under Articles 19(1)(a), 19(1)(g) and 14, and goes beyond the powers granted under the parent law.
Concerns over arbitrary takedowns
The petitions further claim that the amended rule and the portal expose online content to arbitrary takedowns without providing an effective remedy to affected parties.
They argue that this places unchecked control over digital information in the hands of government officers, undermining democratic principles and the public’s right to information.
The petitioners have asked the court to declare that any blocking or removal of online content can be done only under Section 69A of the IT Act and the 2009 Blocking Rules.
They also seek quashing of the October 31, 2023 memorandum that created the Sahyog Portal, along with interim protection restraining authorities from acting under the amended rule.
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Earlier ruling referenced
In September 2024, the High Court, with a 2:1 majority, struck down the amended IT Rules that allowed the government to establish a Fact Check Unit to identify “fake news” on social media. The judgment was delivered on petitions by Kamra and others.
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