Kunal Kamra Attacks Sahyog Portal: Unlawful Censorship Tool, Says Petition

Stand-up comedian Kunal Kamra and senior advocate Haresh Jagtiani have approached the Bombay High Court challenging the legality of the government’s Sahyog Portal and a recent amendment to the Information Technology (IT) Rules, arguing that both enable unlawful online censorship without due process.

In their petition, the two contend that the Sahyog Portal unlawfully empowers thousands of Central and state government officials to issue takedown and content-blocking directions to digital platforms. They argue that these powers bypass the procedural safeguards laid down under existing law, effectively allowing executive authorities to censor online content without transparency or accountability.

The petition also challenges the amended IT Rules that mandate social media platforms and online intermediaries to remove flagged content within 36 hours. According to Kamra and Jagtiani, the tight deadline places unreasonable pressure on intermediaries, forcing them to comply with takedown orders without sufficient time to assess legality or provide users an opportunity to be heard.

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The Sahyog Portal has emerged as a key mechanism through which government agencies coordinate with digital platforms for content removal. Critics, however, have raised concerns that it centralizes censorship powers and dilutes judicial oversight, potentially infringing on the constitutional right to free speech and expression.

Kamra and Jagtiani have argued that the portal and the amended rules violate Articles 14, 19(1)(a), and 21 of the Constitution by enabling arbitrary restrictions on speech and denying affected users procedural fairness. They have sought judicial scrutiny of both the portal’s framework and the rule changes governing intermediary obligations.

The Bombay High Court is scheduled to hear the petition on March 16. The case is expected to be closely watched, as it could have significant implications for online free speech, intermediary liability, and the scope of executive power in regulating digital content in India.

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