JOIN USSC refuses to restrain high courts from hearing pleas on challenge to digital media rules
The Supreme Court on Thursday refused to restrain various high courts from dealing with petitions questioning validity of The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
The top court refrained from passing any order a plea by the Union government to transfer multiple petitions from various high courts like Delhi, Kerala and others, to the top court.
A bench, presided over by Justice A M Khanwilkar, said the court would annexe the instant matter with a pending case and direct it to be put before the appropriate bench on July 16.
"We are not passing any other orders except tagging it and directing to list the same before the appropriate bench. Let the same come up on July 16," the bench said.
The court ordered that the matter would be considered along with a pending case of 'Justice for Rights Foundation'.
In its plea, the Union government said the issue of regulating the OTT platform was pending before the top court.
The government has promulgated the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 which also pertained to regulation of the OTT platforms. "The said rules have already been placed on record of this court by the petitioner and their adequateness, validity and other cognate issues are pending consideration before this court," it pointed out.
However, three different petitions before the Delhi High Court and one before the Kerala High Court and others have been filed. "In order to avoid prolixity, multiplicity of
proceedings and divergent judicial views, the petitions before the High Courts may be withdrawn and transferred to the top court," it said.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 have been notified and published in the Official Gazette on February 25, 2021 and have come into effect since then.
The rules have been challenged on the ground that it enabled the government to virtually dictate content to digital news portals, among others. The petitioners before the high courts also alleged that the rules do not meet the requirements of placing restrictions on freedom of speech and expression and, therefore, are unconstitutional and liable to be struck down.