Bombay High Court Petition Challenges Sahyog Portal and IT Rule Amendments
Stand-up comedian Kunal Kamra and Senior Advocate Haresh Jagtiani have approached the Bombay High Court with writ petitions challenging the Sahyog Portal and an amendment to the Information Technology Rules. The petitions, filed on February 4, 2026, argue that these measures are unconstitutional and pose a threat to democratic principles.
Details of the Legal Challenge
The Sahyog Portal was established to expedite orders for blocking objectionable content on social media platforms. Additionally, the petitioners are contesting the amendment to Rule 3(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which mandates social media intermediaries to remove such content. The government asserts that this amendment, effective from November 15, 2025, introduces safeguards for transparent and accountable content removal.
However, Kamra and Jagtiani claim that the Sahyog Portal grants thousands of government officers unchecked power to issue takedown orders without following proper legal procedures. They argue that this violates the Information Technology Act, 2000, and fundamental rights under Articles 19(1)(a), 19(1)(g), and 14 of the Constitution.
Arguments Against the Measures
In their pleas, the petitioners state that the amended rule and portal enable arbitrary content takedowns on vague grounds, which they describe as an "unconstitutional and unreasonable restriction on freedom of speech." They emphasize that this goes beyond the permissible limits outlined in Article 19(2) of the Constitution.
The petitions highlight that the Sahyog Portal allows for unilateral blocking of content without issuing notices to content originators, providing hearings, or delivering reasoned orders. This, they argue, strikes at the heart of democracy and infringes on citizens' right to information.
Legal Remedies Sought
The pleas seek several declarations and directions from the Bombay High Court, including:
- A declaration that blocking orders can only be issued under Section 69A of the IT Act and the associated Blocking Rules of 2009.
- Directions to authorities to communicate that no takedown orders should be issued without compliance with Section 69A procedures.
- Quashing of the October 31, 2023, Office Memorandum that created the Sahyog Portal.
- Interim relief to suspend the portal and restrain authorities from acting on the amended rule until the case is resolved.
Historical Context and Upcoming Hearing
This is not the first time Kamra has been involved in such legal battles. In September 2024, the Bombay High Court, with a 2:1 majority, struck down amended IT Rules that allowed the establishment of a Fact Check Unit to identify fake news on social media, following a plea by Kamra and others.
The current petitions are scheduled for a hearing on March 16, 2026. The outcome could have significant implications for digital rights and governance in India, as it addresses the balance between content regulation and free speech protections.
