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Synopsis

The Supreme Court on Wednesday disposed of a batch of petitions challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and Cable Television Network (Amendment) 2021.

A bench of Justice AM Khanwilkar, Justice Abhay S Oka, and Justice JB Pardiwala disposed of the petitions when the counsel informed the bench that the rules sought to be drafted and implemented in the plea has been implemented.

The bench was hearing a batch of petitions seeking several directions, including formulation of appropriate gender-neutral law against revenge porn, impersonation, and morphing on the internet, and challenged the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Additionally, the plea filed by Skand Bajpai has been allowed to be withdrawn with the liberty to file an amended petition as the plea has been filed before the IT Rules have been introduced.

Skand Bajpai appearing in person submitted before the bench that there have been several instances wherein several child sexually abusive material has been sold on the internet and the plea seeks investigation in this regard.

However, Justice Khanwilkar said that in this petition newly framed IT Rules have not been challenged and the plea has been filed before the introduction of new IT Rules. Hence, the plea needs amendments.

Whereas, in a similar matter filed by Amol Palekar, Solicitor General Tushar Mehta informed the bench that the PIL challenges the validity of the 2021 IT Rules, hence, this needs to be heard. However, SG Mehta further informed the bench that a grievance redressal mechanism has been introduced. "While maintaining the freedom, users are also given protection, he said.

The bench while stating that they will go through the Rules once, listed the matters for further hearing on July 27, 2022. Additionally, the court has also listed the challenge to the Cable TV Rules on July 27.

Earlier, the Court had asked Solicitor General Tushar Mehta or someone from his office to prepare a chart of cases involving:

"1. Challenge to IT Rules

2. Challenge to Cable TV rules

3. Petitions seeking directions over IT Rules.

4. Other set of cases involving instances of Hate Speeches and Hate Crime."

The plea filed by Skand Bajpai sought following directions to the Government to undertake efficient actions in regard with:

a) Regulation of age regarding access to social media, 

b) Uprooting of fake profiles and catfish accounts by devising a profile verification mechanism, 

c) Elimination of illicit content surfacing over the social media and devising a mechanism to prevent such content in future, 

d) Upgradation of education policy for inclusion of efficient mandatory adolescent sex education along with introduction of subject for educating individuals about their conduct on social media with associated risks and safety features and 

e) Formulation of appropriate law against revenge porn, impersonation and morphing on the internet.

The plea alleged that people have been purchasing, selling and transmitting private graphic information, rape videos and CSAM of unidentified people on social media platforms in exchange for money received by way of e-wallets and UPI transactions.

"Many catfish accounts are offering paid sexual advances on live chat and video graphic sessions impersonating unidentified girls and women," the plea stated.

Cause Title: Skand Bajpai & Anr. Vs. Union of India & Ors. and other connected matters