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The Madras High Court on Wednesday issued notice to the Central Government on a plea challenging the new Information Technology Rules, 2021.

The bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy was hearing a petition filed by Digital News Publishers Association, an association of several of the leading media companies in the country representing both the print and the television media challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

The petitioners sought an interim order restraining the operation of Rules 12, 14 and 16 of the said Rules of 2021 and submitted that there is sufficient basis for the petitioners' apprehension that coercive and arm-twisting action may be taken under such provisions.

The Court however observed that “Since no adverse action has been initiated against the petitioners as of now, no omnibus order is made at this stage. However, if such provisions are resorted to against the petitioners, the petitioners will be at liberty to apply for interim relief in these proceedings”.

Admitting the plea, the Court tagged it with a petition on similar issue moved by Musician TM Krishna.

The Court further directed the petitioners to forward a copy of the petition should to the office of Additional Solicitor-General and has sought response within a fortnight. The matter will now be heard after 3 weeks.

In February, 2021, the Government of India had framed the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021. These rules require the social media intermediaries/ platforms to adhere to a extensive set of strict rules within three months, which ended on May 25.

Till now almost all major social media intermediaries have not adhered to all the requirements.

Case Title: Digital News Publishers Association and Another vs Union of India and Another   WP 13055/2021