The Bombay High Court, while reserving its orders for petitions, put a stay on provisions of Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021, which mandated adherence to “Code of Ethics” by digital news media and publishers.
The writ petition had been filed by AGIJ Promotion of Nineteenonea Media Pvt. Ltd., which runs legal news portals like “The Leaflet”, and a Public Interest Litigation (PIL) had been filed by a journalist.
With respect to Rule 9 of the Code, the court prima facie observed that it tends to intrude with the petitioners secured Fundamental Right under Article 19(1)(a) i.e. freedom of speech and expression. The court added that the provisions were also found to be in contravention with the basic provisions of Information Technology Act, 2002.
According to the court’s stay order, Rules 9(1) and 9(3) would not be enforced for the time being, however, Rule 9(2) which holds publisher liable for consequential action in case of violation of any other law in force, would continue to be in operation.
The petitioners also sought for a stay on Rules 14 and 16, however, the court refused to agree to their prayer. Rule 14 of the Code deals with the constitution of an inter-departmental committee which would serve as an oversight mechanism over the digital media, and the court observed that this is yet to be constituted, thus requires no “urgency.”
With respect to Rule 16 of the Code, which empowers the Centre to block access to the content, the court noted that since Rule 16 is similar to Rule 9 of 2009 Rules and petitioners did not express any grievance with regard to 2009 Rules, no case of seeking a stay could be made out.
The court, therefore, delivered its order partially in favor of the petitioners.
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