Delhi HC adjourns pleas challenging New IT Rules after Union Govt moves Supreme Court seeking transfer of such matters

The Delhi High Court today adjourned till August 20, 2021, a batch of pleas challenging the new IT Rules, 2021 after counsels informed the Court that the Union Government had moved the Supreme Court seeking transfer of such matters pending before the various High Courts in the Country.

The Division bench of Chief Justice DN Patel and Justice Jyoti Singh was hearing pleas filed by The Quint, Foundation For Independent Journalism and Pravda Media Foundation challenging the regulation of digital news portals under the newly released Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021.

A petition has also been filed in the Madras High Court by Karnatic music vocalist, cultural critic and 2016 Ramon Magsaysay Awardee, TM Krishna challenging the IT Rules.

Similarly plea has been moved by Journalist Nikhil Mangesh Wagle, challenging the new Intermediary guidelines, 2021 on the pretext of it being violative of Right to Privacy under Article 21, and inconsistent with the Information Technology Act, 2000 (Parent Act).

As per the amended IT rules, social media and streaming companies will be required to take down contentious content quicker, appoint grievance redressal officers, and assist in investigations.

The petition filed by Quint states,

“the present Petition challenges the constitutional validity of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules, 2021” or “Impugned Rules”) under the provisions of Information Technology Act, 2000 (“IT Act”), inasmuch as they purport to apply to ‘publishers of news and current affairs content’ (“digital news portals”) as part of digital media, and consequently regulate these entities under Part III of the Rules (“Impugned Part”) by imposing Government oversight and a ‘Code of Ethics’ which stipulates such vague conditions as ‘good taste’, ‘decency’, prohibition of ‘half- truths’ etc. – matters nowhere within the contemplation of the IT Act; and draconian consequences for perceived non-compliance, including blocking, modification and deletion of content, compulsory publication of apology, which may be ordered and enforced by Central Government officials.”

“Not only is it impermissible for subordinate legislation to go beyond the purpose of the parent Act, it is far worse that it does so in a manner that affects Fundamental Rights vitally. This is precisely what the IT Rules, 2021 do,” states the petition.

Since the new IT Rules are being challenged before various High Courts across the Country, the Centre has moved the Apex Court seeking transfer of such cases to the Supreme Court.

 

Case Title: Foundation For Independent Journalism & ord vs Union of India & ors | Quint Digital Media Limited & anr vs Union of India & anr / Pravda Media Foundation vs Union of India and Anr

 

Also Read:https://lawbeat.in/news-updates/your-only-case-they-should-not-have-implemented-rules-when-notice-was-issued-delhi-hc