02-05-2025
Journalist moves Supreme Court against YouTube channel ban over ‘national security'
By Aditya Bhagchandani Published on May 2, 2025, 11:22 IST
Senior journalist and Editor-in-Chief of YouTube news platform 4PM, Sanjay Sharma, has approached the Supreme Court seeking relief against the blocking of his channel by YouTube on the alleged grounds of national security and public order, citing a violation of fundamental rights and a lack of due process.
In his petition, Sharma called the blocking action 'arbitrary and unconstitutional,' pointing out that no prior notice or hearing was provided before YouTube acted on an undisclosed government order under the Information Technology (Procedure and Safeguards for Blocking of Access of Information by Public) Rules, 2009. He argued that this violated his right to freedom of speech and expression under Article 19(1)(a) of the Constitution. Key Reliefs Sought: Disclosure and quashing of the undisclosed blocking order.
Reading down or striking down Rules 8, 9, and 16 of the IT Blocking Rules, 2009 to ensure transparency and safeguard fundamental rights.
Mandatory issuance of notice and opportunity of hearing to the content originator, not just the intermediary.
A re-examination of Rule 16's confidentiality clause, which prevents disclosure of reasons behind a blocking order. Grounds Raised:
The petition argues that the current blocking framework: Infringes Article 14, 19(1)(a), and 21, violating equality, speech, and personal liberty.
Is ultra vires the parent IT Act, especially Section 69A, which mandates written, reasoned orders.
Permits indefinite blocking without accountability, especially in emergency situations.
Curtails press freedom and enables suppression of independent journalism without due justification.
Sharma further questioned why only the Enforcement Directorate (ED)'s stance among government bodies was used as a basis for action, while the Ministry of Corporate Affairs, CoC, Resolution Professional, and others had no objection to his platform. Editors Guild Condemns Action:
The Editors Guild of India has strongly condemned the blocking, calling it an example of opaque executive action and part of a 'troubling pattern' of curbing free speech through non-transparent processes. It pointed to previous takedowns of The Kashmir Wallah and Vikatan, and emphasized that national security cannot become a pretext to silence critical journalism.
The petition, filed through advocates Syed Mohammad Haider Rizvi, Talha Abdul Rahman, and M Shaz Khan, seeks urgent restoration of the 4PM channel and a constitutional review of India's internet censorship rules.
Aditya Bhagchandani serves as the Senior Editor and Writer at Business Upturn, where he leads coverage across the Business, Finance, Corporate, and Stock Market segments. With a keen eye for detail and a commitment to journalistic integrity, he not only contributes insightful articles but also oversees editorial direction for the reporting team.
