Bombay HC directs Centre to file reply to Kunal Kamra’s plea

SOCIAL – RIGHTS

17 JULY 2026

• The Bombay High Court directed the Union government to file an affidavit by July 29 in response to a petition filed by stand-up comedian Kunal Kamra.
• The plea challenges the constitutional validity of the Sahyog Portal and the 2025 amendment to Rule 3(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
• Mr. Kamra has contended that the provisions enable content takedowns without safeguards.
• The Centre had not filed its affidavit despite being granted opportunities.
• The matter pertained to Article 19(1)(a) and concerned freedom of speech and expression.
• Mr. Kamra’s petition argues that the mechanism creates a parallel content-blocking framework that circumvents safeguards under Section 69A of the IT Act, 2000.
• The plea contends that the Portal permits content blocking without prior notice to users, violating natural justice principles and the free speech guarantee under Article 19(1)(a).
• It says Rule 3(1)(d) and the Portal are ultra vires the IT Act and contrary to the Supreme Court’s ruling in Shreya Singhal v. Union of India (2015).
• Mr. Kamra has also challenged the delegation of powers to States and departments to issue information-blocking directions, contending that such powers fall within the Centre’s exclusive legislative domain under List I of the Seventh Schedule.
• The Karnataka High Court, while deciding a challenge by X Corp, had held the Portal is not an instrument of censorship but ensures cooperation between intermediaries and government agencies.