Kunal Kamra moves HC against Sahyog portal
- Quaid Najmi
- 2 hours ago
- 3 min read

Mumbai: Stand-up comic Kunal Kamra and Senior Advocate Haresh Jagtiani have challenged the validity of the government’s Sahyog portal – an online mechanism used that issues content takedown directions to digital platforms – in the Bombay High Court.
The portal gives content withdrawal directives to platforms like X, YouTube, Meta, etc, and Kamra-Jagtiani have raised serious constitutional questions centering on freedom of speech, due process and the scope of government powers over online content.
The petitioners have also questioned the Information Technology (Intermediary) Guidelines and Digital Media Ethics Code) Rule 3 (1)(d) Amendment Rules, 2023, under which Sahyog was established.
Under the amended rule, intermediaries are required to take-down or disable access to information used to commit an ‘unlawful act’ within 36 hours of receiving actual knowledge of such content.
The rule further mandates that takedown directions must clearly specify the legal basis for the action, the nature of the alleged unlawful act, the relevant statutory position and the precise online location of the content.
The Sahyog portal was developed as a dedicated cyber platform that automated this process and facilitated the quick removal of unlawful online information, data or
communication links.
Control on Internet content
The petition by Kamra-Jagtiani, filed through advocate Meenaz Kakalia, claims that the portal enables the government to unilaterally block/takedown online content without complying with mandatory legal safeguards.
They include: issuing prior notice to the content originator and giving the affected party an opportunity to be heard. They pointed out that such procedural safeguards have been repeatedly emphasised by the Supreme Court as essential to uphold the constitutional validity of the content-blocking provisions.
The duo argued that the absence of these safeguards renders both Rule 3(1)(d) and the Sahyog portal ultra-vires the IT Act, 2000.
“Given the conspicuous absence of such safeguards, Rule 3(1)(d) of the IT Rules and the Sahyog Portal are rendered ultra vires the IT Act and contrary to categorical judgments of the Supreme Court and this High Court,” the plea by Kamra-Jagtiani said.
Rules arbitrary
Kamra contended that the impugned rule and portal expose all online information to arbitrary takedowns, provide no remedy against such actions, and effectively vest unbridled power in many government officers at the Centre and States, and it strikes at the heart of democracy and peoples’ right to access information.
Claiming that these provisions are ex-facie unconstitutional as it allows blocking or takedown of all Internet content on vague and broad grounds such as information being “unlawful” or in violation of any law administered by the Centre or States.
These powers amount to ‘an unreasonable restriction on freedom of speech and expression’, exceeding the narrowly defined limits under Article 19(2) of the Constitution, they argued.
In their plea, the petitioners contended that orders for blocking/ disabling access to online information can only be issued under the IT Act, Sec. 69A, read with the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009.
Previous challenge in Karnataka, appeal pending
Incidentally, last year the micro-blogging site X had challenged the Sahyog portal in the Karnataka High Court, on similar lines.
In Sep. 2025, Justice M. Nagaprasanna upheld the portal’s validity. Currently, an appeal against the order is pending before the Karnataka HC division bench.





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