News publishers say existing laws provide for criminal prosecution for breaking the rules
Mumbai:
The provisions of the government’s new information technology rules for news publishers, which pertain to the code of conduct, have been stayed by the Bombay High Court, saying the requirements violated freedom of expression. News publishers challenged the rules in several courts across the country.
The High Court on Saturday stayed clauses 9(1) and 9(3) of the Information Technology Rules, 2021 for digital media, which deals with the observance of the code of conduct, news agency PTI reported.
The High Court said it “prima facie” found that these sub-sections violated the petitioners’ constitutional right to freedom of speech and expression under Article 19.
The provisions of section 9 are also outside the purview of the principal law (Information Technology Act 2000), it said.
The order came on petitions filed by legal news portal The Leaflet and journalist Nikhil Wagle, challenging several provisions of the new IT rules, which claimed they were ambiguous and the citizen’s right to freedom of expression guaranteed by the Constitution. There is likely to be a “calming effect”. .
In a setback to the government last month, the Supreme Court refused to stop various courts challenging the new rules introduced by the Center in February.
News publishers allege that the new rules violate basic constitutional rights, including freedom of the press, and are designed to give the government a tighter grip on online news content. This large and growing space needs more regulation, the government has protested.
The IT regulations were largely defended by former Information Technology Minister Ravi Shankar Prasad and former Information and Broadcasting Minister Prakash Javadekar; Both men were dropped from the cabinet last month in a drastic overhaul of Prime Minister Narendra Modi’s own council of ministers.
The government says the new IT rules are necessary to regulate content on social media and ensure that all online news is compliant with the law. The new requirements also include that companies like WhatsApp break end-to-end encryption to identify the first sender (or the first to forward the message) of any content that poses a threat to national security.
The government says that this demand will be made at least. WhatsApp has challenged this part of the new laws in court, arguing that it would mean an invasion of its users’ privacy and that such a law requires Parliament’s approval.
The IT rules also controversially state that a committee of ministers would have final veto powers on material deemed problematic to law and order or security, and could order its removal.
News publishers have argued that existing laws already provide for criminal prosecution if they break the rules for posting child pornography, or playing content that incites communal hatred or violence.
They state that they are adequately governed by self-regulatory bodies headed by former Supreme Court justices; Giving the government the power to make the final decision on penalties or material removal encroaches upon judicial, impartial oversight.
The IT rules were challenged in the Kerala High Court by the News Broadcasters Association, which includes some of the country’s biggest news networks, last month. The court gave a provisional order in favor of the publishers saying that no punitive action will be taken against them if they do not comply with the IT rules now. Other news industry and media associations have filed similar appeals in other courts.
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