HC seeks Centre's response on Kunal Kamra's plea against Sahyog portal

The Bombay High Court on Thursday, 16 July directed the Union government to file its affidavit in response to a petition by comedian-activist Kunal Kamra challenging the constitutional validity of the Centre's Sahyog portal, a system that facilitates the removal of online content.

Kamra has also challenged an amendment to the Information Technology (IT) Rules that requires social media platforms and other online intermediaries to take down supposedly objectionable content within 36 hours of receiving a government directive.

The petition contends that the Sahyog portal, developed by the Union ministry of electronics and information technology and launched in 2024, enables authorities to order the blocking or takedown of online content without first notifying the person who posted it, offering them an opportunity to be heard or issuing a reasoned order. According to Kamra, this bypasses procedural safeguards under the IT Act and violates the principles of natural justice as well as the constitutional guarantee of free speech under Article 19(1)(a).

Appearing for Kamra, senior advocate Navroz Seervai mentioned the matter before a division bench of acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad, saying the petition had been pending since February but the Centre had repeatedly failed to file its affidavit despite court directions.

Additional solicitor-general Anil Singh, appearing for the Union government, told the court that the affidavit would be filed by 29 July. Accepting the assurance, the bench posted the matter for hearing on 14 August.

In his plea, Kamra alleged that the Sahyog portal effectively empowers "unilateral takedown" of online content by allowing blocking orders to be issued without adequate procedural safeguards. He argued that the amended IT Rules, read together with the portal's functioning, amount to a "flagrant violation" of the fundamental rights guaranteed under the Constitution.

The petition seeks suspension of the Sahyog portal's operation and a direction restraining central and state government officials from ordering the blocking or removal of online content without following the procedure prescribed under the Information Technology Act.

With PTI inputs