‘People would be starved of liberty of thought’: HC stays 2 IT Rules clauses
MUMBAI: People would be starved of the liberty of thought and feel suffocated to exercise their right of freedom of speech and expression, if they are made to live in the times of content regulation on the Internet with the code of ethics hanging over their head as the Sword of Damocles, the Bombay high court (HC) said on Saturday while staying two clauses of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
“This regime would run clearly contrary to the well-recognised constitutional ethos and principles,” said the division bench of chief justice Dipankar Datta and justice Girish Kulkarni while staying clauses (1) and (3) of Rule 9 of the IT Rules.
Rule 9(1) required publishers to observe the code of ethics laid down under the IT Rules. Rule 9(3) provided for a three-tier mechanism – self-regulation by the publishers, regulation by self-regulating bodies of the publishers and oversight mechanism by the Centre – for ensuring observance of the code of ethics and for addressing grievances made in relation to the publishers.
The interim order came on a petition filed by Agij Promotion of Nineteenonea Media Pvt Ltd, which owns and operates digital news web portal The Leaflet, and a public interest litigation filed by Mumbai-based journalist Nikhil Wagle. They had moved HC challenging the validity of the new IT Rules, contending that the rules are ex-facie draconian, arbitrary and patently ultra vires the provisions of the parent legislation – the IT Act and the provisions of Articles 14, 19 (1) (a) and 19 (1) (g) of the Constitution which guarantee fundamental freedoms to the citizens.
HC accepted their contentions and held that Rules 9 (1) and 9 (3) infringe on fundamental freedoms. “Dissent in democracy is vital... but with the 2021 Rules in place, one would have to think twice before criticising any personality, even if the writer/editor/ publisher may have good reasons to do so,” HC said.