Tag: IT rules

Delhi HC issues notice to Centre on another plea challenging new IT rules

NEW DELHI: The Delhi high court on Friday sought the Centre's response on another plea challenging the new Information Technology rules which seek to regulate digital news media.

A bench of chief justice D N Patel and justice Jasmeet Singh issued notices to the ministry of electronics and information technology and the ministry of information and broadcasting and granted them time to file their responses, PTI reported.

In its plea challenging the new IT rules, Quint Digital Media has argued that regulation of publishers of news and current affairs content, as provided under Part III, is in violation of Articles 14, 19(1)(a), 19(1)(g) and 21 of the Constitution of India, as reported by Bar and Bench. It stated that online news portals ought to be treated on par with print newspapers as they both contain written material on current affairs. It further argued that the rules attempt to proscribe content on digital media sites based on “vague and subjective grounds”.

The case was adjourned for 16 April along with another similar petition filed by the Foundation for Independent Journalism and The Wire, which had submitted that the rules put an additional regulatory burden on digital news media. A plea was also filed in the Kerala high court by legal website LiveLaw. In both cases, the courts had issued notices to the Centre.

The government had laid down the new rules for social media platforms, digital media and OTT platforms on 25 February. The Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules 2021 enable the setting up of a three-tier oversight mechanism for online content and a grievance redressal mechanism. Under the rules, social media and streaming companies will be required to take down contentious content quicker. It also makes these platforms more pliable in assisting government agencies in the investigation.

Several media organisations have criticised the rules stating that the regulations could pose a threat to freedom of expression by laying the ground for tightening executive control over digital media. The Editors Guild of India too had demanded the repeal of these rules, highlighting that the laws are “deeply concerning”.

March 20, 2021
Kerala HC issues notice to Centre on new IT rules

NEW DELHI: The Kerala high court on Wednesday issued a notice to the Centre on a plea challenging the new Information Technology (IT) rules to regulate digital news media. The development comes a day after the Delhi high court too sought the Union government’s response on another petition challenging the new guidelines.

The writ petition was filed by LiveLaw News Media Pvt Ltd, the publisher of news website LiveLaw and its founder M A Rashid and managing editor Manu Sebastian, who challenged the constitutional validity of the new rules terming them "arbitrary, vague, disproportionate and unreasonable."

The petitioners have argued that the regulatory mechanism under the rules cannot be termed as "reasonable restrictions" under Article 19 (2) of the Constitution. According to the plea, the rules impose an unconstitutional three-tiered complaints-and-adjudication structure upon publishers, which makes the executive both the complainant and the judge on vital free speech questions involving blocking and take down of online material.

"We are reporting judgments. Somebody to whom the judgement is not palatable, may make a grievance, and we are required to sit in appeal over the content," the petitioners' advocate told the court, as reported by the news website.

A single bench of justice PV Asha also restrained the central government from taking any coercive action against the news website under part three of the IT Rules.

The new IT (guidelines for intermediaries and digital media ethics code) rules 2021, notified by the Centre on 25 February, have been severely criticised by journalists, lawyers and activists who argue that the regulations could pose a threat to freedom of expression by laying the ground for tightening executive control over digital media. The Editors Guild of India too had demanded the repeal of these rules, highlighting that the laws are “deeply concerning”. The rules recommend a three-tier mechanism for regulation of all online media, which confers blocking powers to an inter-ministerial committee.

On Tuesday, the Delhi HC directed Centre to respond to a similar petition filed by the Foundation of Independent Journalism (the non-profit company that publishes The Wire), which stated that the rules have put an additional regulatory burden on news media and current affairs.

March 10, 2021
Delhi HC issues notice to Centre on plea challenging new IT rules

KOLKATA: The Delhi high court on Tuesday issued notice to the central government in a plea challenging the new rules framed under Information Technology (guidelines for intermediaries and digital media ethics code) Rules 2021.

A division bench headed by chief justice DN Patel was hearing the petition which has been filed by the Foundation of Independent Journalism (the non-profit company that publishes The Wire). It has sought a response from the ministry of electronics and information technology in the matter and given them time to submit the same.

The counsel for the petitioners, senior lawyer Nitya Ramakrishnan, stated that the rules have put an additional regulatory burden on news media and current affairs.

“They cannot place a whole regulatory burden under Section 69A on news and current affairs agencies. 69A only provides for issuing directions to intermediaries,” she argued as quoted in media reports.

The petition argued that the new IT Rules issued on February 25, 2021, were “palpably illegal” in seeking to control and regulate digital news media when the parent statute nowhere provided for such a remit.

“The IT Rules, 2021, expand the scope of the Act even further by providing for a Code of Ethics and a three-tier regulatory system to administer a loose-ranging Code of Ethics, that contains wide and vague terms as ‘half-truths’, ‘good taste’, ‘decency’,” the petition said.

The plea also contended that the oversight mechanism and the inter-departmental committee set up under the new rules would have the power to recommend "draconian measures such as ordering the deletion, modification of content or blocking the same."

The matter will be heard next on 16 April.

Several journalists, lawyers and activists have decried the rules as an attempt to muzzle freedom of press by laying the ground for tightening executive control over digital media. The Editors Guild of India last week demanded the repeal of these rules.

The government laid down new guidelines for social media platforms on 25 February, making a distinction between social media intermediaries and significant social media intermediaries. In a gazette notification, it also specified five million registered users in India as the threshold for significant social media intermediaries.

March 10, 2021
Petition filed against new intermediary and digital media rules before Delhi HC

KOLKATA: Last month, the Centre notified new rules for digital media which caused a stir amid the industry’s online content providers. Now, a petition has been moved before the Delhi high court challenging the new rules under the Information Technology Act to regulate internet intermediaries, over-the-top (OTT) platforms and digital news media.

The plea has been filed by the Foundation of Independent Journalism. It will be heard on 9 March by a division bench headed by chief justice DN Patel.

Several journalists, lawyers and activists have decried the rules as an attempt to muzzle freedom of press by laying the ground for tightening executive control over digital media. The Editors Guild of India last week demanded the repeal of these rules.

The government laid down new rules for social media platforms on 25 February, making a distinction between social media intermediaries and significant social media intermediaries. In a gazette notification, it also specified five million registered users in India as the threshold for significant social media intermediaries.

“Social media platforms have done exceedingly well in terms of business and the number of users, while also empowering ordinary Indians. But it is very important that crores of social media users must be given a proper forum for resolution of their grievances against use and abuse of social media in a time-bound manner,” said union information technology minister Ravi Shankar Prasad.

Each significant social media intermediary would be required to appoint a chief compliance officer, a nodal contact person for 24×7 coordination with law enforcement agencies and a resident grievance officer. All three would be resident Indians. They will also have to publish a monthly compliance report mentioning the details of complaints received and action taken.

They will also have to give a prior intimation, in cases where they remove/disable access to any information (social media post) on their accord. So, the platforms will now have to communicate to the users, the grounds and reasons for such action and give users adequate opportunity to dispute the action taken by the intermediary.

The government also asked the significant social media intermediaries providing services primarily in the nature of messaging to enable identification of the first originator of the information.

March 9, 2021