Madras High Court stays Two clauses of IT Rules, 2021

Swarna Shukla –

Published On: September 17, 2021, at 12:00 IST

The Madras High Court on 16^th September, 2021 Stayed the operation of Sub-clauses of the recently introduced Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

The Sub-clauses (1) and (3) of Rule 9, stipulated compliance with the Code of Ethics. They were added to the Original IT Rules this year in February. 

These Rules are related to digital news media having to follow a code of conduct while also providing for a three-tier structure for addressing grievances.

The Madras High Court is the second High Court to stay these Rules after the Bombay High Court did so on August 14, 2021.

Earlier on 16^th September, the First Bench of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu of Madras High Court granted the stay along with passing Interim Orders on a batch of PIL’s from Carnatic musician TM Krishna while the other is a Writ Petition moved by the Digital News Publishers Association and journalist Mukund Padmanabhan. 

The High Court stated that “ Any invocation of Rules 3 and 7 will be subject to the outcome of the writ petition.” 

The Madras High Court was of the view that an oversight mechanism prescribed in the Rules appears to be aimed at “Controlling the media by the Government” and this could lead to the disintegration of the fourth pillar of democracy. 

Furthermore, the next hearing is scheduled for 27^th October 2021. 

Also Read: Do the new IT (Information Technology) rules violate International Covenant on Civil and Political rights as far as Right to Privacy and Free Speech are concerned?

Offences under the Information Technology Act, 2000