Police ordering takedown of posts based on their own judgement, Kamra tells High Court
A petition challenging the use of the Sahyog portal came before a High Court, with counsel arguing that police are ordering social media content removal based on their own judgment without following mandatory statutory procedures
The Central Government has notified rules under the Information Technology Act enabling the Sahyog portal, which allows multiple law enforcement agencies — including state police — to independently direct content removal from online platforms
The petition raises concerns that this mechanism bypasses the safeguards built into Section 69A of the IT Act, which requires specific procedural protections before content can be blocked
The case has broader implications for free speech online, intermediary liability, and the balance between law enforcement needs and citizens' digital rights
Section 69A of the IT Act, 2000 — Blocking of Online Content
Section 69A of the Information Technology Act, 2000 empowers the Central Government (not state governments or police) to issue directions to block public access to any information on the internet. The provision is triggered when the Government believes it is "necessary or expedient" in the interest of sovereignty and integrity of India, defence, security of the state, friendly relations with foreign states, public order, or prevention of incitement to cognisable offences. The Blocking Rules, 2009 (IT (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009) provide procedural safeguards including notice to the originator of the content and a review committee mechanism.
Key Details
- Section 69A was upheld as constitutionally valid by the Supreme Court in Shreya Singhal v. Union of India (2015), though Section 66A (penalising online speech) was struck down in the same judgment
- Blocking orders are required to be reasoned and issued by a designated officer at the Centre; directions are typically kept confidential
- Section 79(3)(b) allows the government to notify intermediaries that certain content is unlawful, upon which platforms lose their safe harbour protection if they fail to act
- Sahyog portal was established via an Office Memorandum (October 2023) under Section 79(3)(b), authorising multiple ministries and state police to issue takedown requests — without the procedural safeguards of Section 69A
The petition argues that the Sahyog portal effectively allows police to bypass Section 69A's safeguards by using the softer Section 79(3)(b) route, enabling content removal without the statutory notice, review, or reasoned order requirements that Section 69A mandates.
IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
The Intermediary Guidelines Rules, 2021 (notified under Sections 87 and 79 of the IT Act) significantly overhauled the regulatory framework for social media intermediaries and online news platforms. The Rules distinguish between ordinary intermediaries and "Significant Social Media Intermediaries" (SSMIs — platforms with more than 50 lakh registered users in India) and impose greater obligations on the latter.
Key Details
- SSMIs must appoint: a Chief Compliance Officer (CCO), a Nodal Contact Person, and a Grievance Officer — all resident in India
- Platforms must proactively identify and remove unlawful content using automated tools (for certain categories)
- Rule 3(1)(b) requires intermediaries to remove or disable access to content flagged by the government within 36 hours for emergency requests and 72 hours for others
- The 2023 amendments to the Rules introduced the Fact Check Unit (FCU) — struck down by courts as unconstitutional
- The Sahyog portal builds on this framework by creating a centralised channel for law enforcement to push takedown requests to all onboarded platforms
The Rules created the procedural scaffolding for the Sahyog portal. By requiring platforms to appoint compliance officers and respond within tight timelines, they enable rapid content removal — the legal challenge centres on whether this speed trades away fundamental procedural safeguards.
Freedom of Speech Online — Article 19(1)(a) and Reasonable Restrictions
Article 19(1)(a) of the Constitution guarantees the right to freedom of speech and expression, including online speech. Article 19(2) allows the State to impose "reasonable restrictions" on this right in the interests of sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, and incitement to offences. Online content regulation must satisfy the twin tests of: (1) falling within one of the specified grounds in Article 19(2); and (2) being a "reasonable" restriction — not arbitrary, not excessive, and backed by a law.
Key Details
- Shreya Singhal v. Union of India (2015) — Section 66A struck down as violating Article 19(1)(a) for being overbroad and vague; Section 69A upheld as a reasonable restriction
- The procedural safeguards under Section 69A (designated officer, review committee, opportunity to be heard) are what makes it a "reasonable" restriction
- Police-led content removal via Sahyog — without equivalent procedural protection — is argued to fail the "reasonable restriction" test
- At least 72 platforms including Meta, Google, Telegram, and LinkedIn have onboarded the Sahyog portal
The core constitutional question is whether granting police unilateral content removal authority — without the procedural checks of Section 69A — amounts to an unreasonable restriction on speech under Article 19(2).
- Section 69A, IT Act, 2000: Central Government power to block online content; upheld in Shreya Singhal (2015)
- Sahyog portal established: October 2023 via MeitY Office Memorandum under Section 79(3)(b)
- IT Intermediary Guidelines Rules, 2021: Notified February 25, 2021; major amendments in 2023
- Threshold for Significant Social Media Intermediary (SSMI): 50 lakh (5 million) registered users in India
- Mandatory response time: 36 hours (emergency content); 72 hours (regular orders)
- At least 72 companies have onboarded Sahyog, including WhatsApp, Instagram, Apple, LinkedIn, Google, Telegram, Snapchat
- Karnataka High Court dismissed X Corp's challenge to Sahyog portal (September 2024), calling it essential for law and order
- Article 19(2) grounds for restriction on free speech: 8 specified categories including public order and sovereignty