New IT Rules: Madras HC stays controversial sub-clauses

Chennai, September 16

The Madras High Court on Thursday stayed the operation of certain sub-clauses of the recently introduced Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, holding there was prima facie substance in the petitioners’ contention that a control mechanism would rob the media of its independence and democratic principles.

Incidentally, the Bombay High Court had last month pronounced similar order on a related case.

IT rules 2021: Bombay HC orders interim stay on clauses mandating code of ethics for digital publishers

The sub-clauses (1) and (3) of Rule 9—which were stayed on Thursday—stipulated the adherence to the Code of Ethics. They were inserted to the original IT Rules in February this year.

The first bench of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu granted the stay while passing interim orders on a batch of PILs from carnatic musician T M Krishna and Digital News Publishers Association, consisting of 13 media outlets and another individual, challenging the constitutional validity of the new rules.

Prima facie, there is substance in the contention of the petitioners that the mechanism to control the media by government may rob the media, both print and electronic, of their independence and the democratic principles, the bench said.

The court adjourned the matter to the last week of October, when it was informed that similar cases pending before the Supreme Court are scheduled to come up for hearing in the first week of next month.

The Bombay High Court, while granting the interim stay in August, had held that “dissent” was vital for democracy.

Sub-clauses 1 and 3 of clause 9 of the new Rules were, on the face of it, “manifestly unreasonable”, and “the indeterminate and wide terms of the Rules bring about a chilling effect qua (regarding) the right of freedom of speech and expression of writers/editors/publishers” as they can be hauled up for anything if the authorities so wish, it had then said.

Rule 9 (1) reads: “A publisher referred to in rule 8 shall observe and adhere to the Code of Ethics laid down in the Appendix annexed to these rules”.

Rule 9(3) says: “For ensuring observance and adherence to the Code of Ethics by publishers operating in the territory of India, and for addressing the grievances made in relation to publishers under this Part, there shall be a three-tier structure as under— (a) Level I – Self-regulation by the publishers; (b) Level II – Self-regulation by the self-regulating bodies of the publishers; (c) Level III – Oversight mechanism by the Central Government”.

—     Agencies