Top court stays proceedings in HCs on IT Rules

JUSTICE A.M. Khanwilkar and Abhay S. Oka also issued a notice in the transfer petitions by the Central government seeking the transfer of these cases from the HCs to the SC including stay of the interim orders passed by the HCs

The Supreme Court, on Monday, stayed further proceedings pending before different high courts relating to the challenge to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, (IT Rules, 2021) and the Cable TV Networks (Amendment) Rules, 2021, but for now did not interfere with the orders already passed by them.

Staying the proceedings pending before the different high courts, a bench comprising Justice A.M. Khanwilkar and Abhay S. Oka also issued a notice in the transfer petitions by the Central government seeking the transfer of these cases from the high courts to the top court including stay of the interim orders passed by the high courts.

Posting the matter for further hearing on May 19, the court said that it is not interfering with the interim orders passed by the high courts at this stage and is issuing notice on the stay applications.

Solicitor general Tushar Mehta, appearing for the Centre, told the court that the government has already moved the application seeking the transfer of all these matters to the top court and sought a stay on the high courts’ proceedings as well as order.

Several high courts, including the high courts of Delhi, Kerala, Bombay, and Madras, have passed interim orders on the petitions challenging the IT Rules, 2021.

Since the IT Rules have now come into force, the petitions seeking directions to regulate online media and OTT contents may not survive for further consideration, the bench noted.

The Supreme Court is seized of various petitions challenging the IT Rules and Cable TV Network (Amendment) Rules, seeking regulation and functioning of over-the-top (OTT) platforms and pleas against hate speeches and crime.