HC stays few provisions of IT rules 2021
CHENNAI: Observing that prima facie there is substance to the grievance that the oversight mechanism to control the media by government may rob the media of its independence and the fourth pillar, so to say, of democracy may not at all be there, the Madras High Court on Thursday stayed sub-rules (1) and (3) of Rule 9 of the recently notified Information Technology (Guidelines for intermediaries and Digital Media Ethics Code) Rules, 2021 (IT Rules 2021).
The first bench comprising Chief Justice Sanjib Banerjee and Justice P D Audikesavalu offered the interim stay on hearing separate PILs moved by Carnatic musician TM Krishna and Digital News Publishers Association, comprising 13 media outlets challenging the new rules. “There is a substantial basis to the petitioners’ assertion that there may be violation of Article 19 (1) (a) in how the Rules may be coercively applied to intermediaries. If there is action taken in terms of Rules 3 of the said Rules read with (Rule) 7, it will abide by the petition’s outcome,” the court said.
The Madras High Court also recorded the submission that despite a stay by the Bombay High Court, notices are being issued to media houses alleging violation of the Rules. The court held: “By way of abundant caution, Sub Rules (1) and (3) of Rule 9 of the said Rules of 2021 will remain stayed.”
It held that any action taken citing Rules 3 and 7 of the IT Rules would be subject to the outcome of the challenge to these rules. Sub Rules (1) and (3) of Rule 9 lay down adherence to the Code of Ethics and provide for a three-tier structure for addressing the grievances.
While Rule 3 deals with ‘due diligence by an intermediary’, Rule 7 provides that if an intermediary fails to abide by the IT Rules, it would not be granted the protective exemption under Section 79 of the IT Act, 2000 and the intermediary shall be liable for punishment under any law in force including the provisions of the Act and the IPC. The case has been posted for further hearing on October 27.