The Bombay High Court on Thursday sought a response from the Union government on a petition filed by stand-up comedian Kunal Kamra challenging the constitutional validity of the Centre's ‘Sahyog Portal’ and certain amendments made to the Information Technology (IT) Rules. The court's direction came after Kamra approached the judiciary, alleging that the government platform and revised online content regulations could enable excessive control over digital speech.

Kamra's plea challenges the legal framework behind the Sahyog Portal, which was introduced as a mechanism for coordination between government agencies and online platforms regarding unlawful or objectionable content. The comedian has argued that the portal could become a tool for online censorship by allowing authorities to seek removal of content without sufficient procedural safeguards. He has questioned whether such measures comply with constitutional protections related to freedom of speech and expression.

The petition also challenges an amendment to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, which requires social media platforms and online intermediaries to act on certain content-related requests within a specified timeframe. Under the amended rules, platforms are required to remove objectionable content within 36 hours of receiving a government order or notification. Kamra has argued that the provision gives authorities broad powers to demand content takedowns without adequate checks and balances.

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Kamra's counsel, senior advocate Navroz Seervai, mentioned the petition before a division bench of the Bombay High Court on Thursday. Following the hearing, the court directed the Centre to file its affidavit responding to the allegations and legal challenges raised in the petition. The government’s response is expected to outline its position on the legality of the Sahyog Portal and the safeguards built into the amended IT Rules.

The comedian has maintained that online regulation should not compromise fundamental rights and that any restriction on digital content must follow transparent procedures. His plea argues that government directions for removal of content should be subject to clear standards, accountability mechanisms and opportunities for review to prevent arbitrary action. The dispute comes amid a broader debate in India over the regulation of online platforms, digital content moderation and the balance between preventing harmful material and protecting free expression.

The government has argued that stronger digital regulations are necessary to address misinformation, unlawful content and online harms, while critics have raised concerns over potential misuse of such powers. The Bombay High Court's decision to seek a response from the Centre marks the beginning of further judicial examination of the issues raised by Kamra. The matter will now proceed after the government submits its affidavit, following which the court is expected to consider arguments from both sides on the constitutional validity of the challenged provisions and the functioning of the Sahyog Portal.

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