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Justice Anup Jairam Bhambhani of the Delhi High Court today recused from hearing the plea challenging the regulation of digital news portals under the newly released Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021.

The matter was listed before the vacation bench led by Justices Anup Jairam Bhambhani and Jasmeet Singh, however Justice Bhambhani directed that the matter to be listed before a bench of which Justice Bhambhani was not a part.

The plea filed by The Quint and Foundation of Independent Journalism challenges the new IT rules to regulate Digital Media.

Earlier the bench of Chief Justice D N Patel and Justice Jasmeet Singh had issued notices to the Ministry of Electronics and Information Technology and the Ministry of Information and Broadcasting and granted them time to file their responses.

Thereafter the matter was listed before the vacation bench today where Justice Bhambhani recused from hearing the matter and the matter will now be heard on Monday next by a different bench.

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.

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