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The Delhi HC today refused to pass an interim stay on pleas challenging the regulation of digital news portals under the newly released Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021.

The Vacation bench led  by Justices C Hari Shankar and Subramonium Prasad said that since it was a vacation bench there was no question of staying the implementation of the rules which had not been stayed in the earlier hearing as well.

Adv Nitya Ramakrishnan appearing for Pravda Media Foundation in a fresh application sought a stay on the notification of May 28, 2021 issued by Ministry of Electronics and Information Technology and a notice on her application since notices were issued in two other  pleas on the same issue.

The bench however refusing to pass an order of stay said “You have applied for the stay of the rules but no stay has been made when the matter was taken up on 27th. Your only case is that when notice was issued they should not have implemented the rules.”

The Court however issued notice on Pravda Media Foundation’s plea and listed the matter for hearing on July 7, 2021.

The Court further renotified the hearing in the main petition by The Quint and Foundation of Independent Journalism to August, 2021.

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 where Justice Bhambhani recused from hearing the matter.

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 / Pravda Media Foundation vs Union of India and Anr

 

Also Read:https://www.lawbeat.in/news-updates/justice-bhambhani-recuses-from-hear…