Hindustan Times (Chandigarh)

IT rules rob press of its freedom: HC

- Divya Chandrabab­u letters@hindustant­imes.com

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.

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