IT rules rob press of its freedom: HC
CHENNAI: The Centre’s new Information Technology (IT) Rules could rob the media of its independence and the fourth pillar of the democracy may cease to exist, judges of the Madras high court said as they ordered on Thursday a stay on parts of the government’s new regulations, and restrained it from taking action against social media companies for now.
The IT Rules, notified in February, contain a host of new directions and liabilities for social media companies (also known as intermediaries), news websites and streaming content providers (also known as OTT services) such as Netflix and Amazon Prime. On Thursday, the Madras high court became the third appellate court in the country to stall operations of rules pertaining to the last two – particularly two clauses contained under Rule 9 – subclauses 1 and 3. It also said action under Rule 3 and Rule 7, which deals with social media companies and their safe harbour status, cannot be taken until it decides on the petitions.
The court was hearing two petitions – one filed by Carnatic music vocalist TM Krishna and another by a set of 13 news websites as part of the Digital News Publishers Association (DNPA).
“Prima facie, there is substance to the petitioner’s grievance that the oversight mechanism to control the media by (the) government may rob the media of its independence, and the fourth pillar, so to say, of democracy may not at all be there,” the court of first bench of chief justice Sanjib Banerjee and justice PD Audikesavalu said, while staying the sub rules.
Sub rule 1 requires digital publishers to adhere to a code of ethics while sub rule 3 provides for a three-tier regulatory mechanism that is ultimately headed by the government. On July 9, the Kerala high court said the new rules appear to give “excessive powers” to “unreasonably and impermissibly” restrict the freedom of speech and expression of the media, and on August 15, a Bombay high court bench said these particular provisions were an intrusion into the rights to free speech and beyond the scope of the main law.