Shivangi Prakash –
Published on August 04, 2021, at 2:21 PM
The Delhi High Court on Wednesday ordered the Central Government to respond to challenges to the Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules, 2021, submitted by digital media firms ‘The Quint,’ ‘AltNews,’ and ‘The Wire’ (IT Rules, 2021).
When the matter was taken up, Additional Solicitor General Chetan Sharma told a bench led by the Chief Justice of Delhi High Court that the Central Government had filed a transfer petition with the Supreme Court, asking for the transfer of all applications filed in the High Courts contesting the new Rules.
Senior Advocate Nitya Ramakrishnan, representing the news portals, said that no notice had been sent and that the High Court proceedings had not yet been stayed.
Ramakrishnan further mentioned that the Kerala High Court has issued judgments prohibiting certain media houses from taking coercive action under the IT Rules.
ASG Chetan Sharma appearing for the Respondent, on the other hand, urged that the pleas be scheduled for hearing on August 20. In addition, he requested time to file a counter-affidavit in the case.
As a result, the Division Bench of Chief Justice DN Patel and Justice Jyoti Singh has scheduled the case for hearing on August 20, with the Centre being given until that date to make its response.
The appeals question the constitutionality of the Information Technology (Guidelines For Intermediaries and Digital Media Ethics Code) Rules, 2021, in as much as they control news and current affairs content, creators.
The parent statute of the Rules, the IT Act, does not deal with digital media, hence the executive rules enacted under the Act to govern online news companies are null and void.
“The regulations are frontally offensive to Article 19(1)(a) and Article 14. A restriction on the Fundamental Right to free speech and expression can only be to the extent strictly necessary for the stated interests in Article 19(2). Digital news portals such as the Quint, published by the Petitioners, are already subject to all the civil and criminal laws enacted for those interests. Therefore, the IT Rules, 2021 cannot be in the interest of Article 19(2). They are only meant to be a ruse for the State to enter and directly control the content of digital news portals”, the plea states.
WhatsApp, the digital messaging app, has also filed a separate lawsuit in the Delhi High Court, challenging the ‘traceability’ clause in the new IT Rules. On August 27, the same will be heard.
Read more: Quint files plea against new IT rules in Delhi High Court
Delhi HC issues notice in Petition which challenges IT Rules 2021