38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

Delhi High Court Issues Notice on Plea Challenging Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021

By Snehal Khemka      11 March, 2021 11:25 AM      0 Comments
Delhi High Court Issues Notice on Plea Challenging Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021

The Delhi High Court on Tuedsay, March 09, 2021 issued notice on petition challenging the newly introduced Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules, 2021, notified by the the Centre on February 25, under the Information Technology Act, 2000 to regulate digital news media as being ultra vires to the said parent act while setting up a distinction of ‘publishers of news and current affairs content’ as part of ‘digital media’. The new rules essentially introduce a new a regulatory oversight mechanism for news and current affairs/curated content on the internet, under the oversight of the Ministry of Information and Broadcasting (MIB). 

Under these rules, the MIB has been awarded with powers to issue orders to publishers and online intermediaries block, delete or modify news and current affairs content under Section 69 A of the Information Technology Act, 2000.The petitioners further challenge the IT rules 2021 in so far as affecting the digital news portal, excluding OTT media platforms and have submitted to regulate such portals under Part III of the Rules by imposing Government oversight and a ‘Code of Ethics’. 

Senior Advocate Nitya Ramakrishnan, appearing for the petitioners, told the division bench headed by CJ DN Patel that the government was in effect bringing back powers it had under Section 66A of the IT Act, 2000, which was struck down by the Supreme Court in Shreya Singhal v Union of India in March 2015. She told the court that Section 69A only comes into play on specific grounds and it is limited to be issued to intermediaries and not news publishers.


To put things into perspective, it needs to be mentioned that Section 69A allows Centre to block public access of any information on an intermediary, in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above. 

Quoting "The parent Act does not recognise digital news media as a separate category of entities and does not seek to subject them or their content to any set of special regulations. The Impugned Part of the Rules, to the extent that it seeks to achieve such special regulation or control of digital media including online news platforms, is manifestly ultra vires the parent Act", she further argued that Section 69 being limited in its scope and power cannot be made applicable to news media or news publishers.



Share this article:



Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email