Digital News Publishers Association moves Madras high court challenging new IT Rules

(This story originally appeared in on Jun 23, 2021)

The Madras high court on Wednesday ordered notice to the Union government on a plea moved by the Digital News Publishers Association challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

As an interim relief, the first bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy has granted liberty for the association to approach the court if any coercive and arm-twisting action is taken under the rules, particularly under provisions 12, 14 & 16 of the rules.

Earlier, representing the association, senior advocate P S Raman contended that two provisions of the rules immediately offended the association. Particularly Rule 16 which is an omni bus provision giving power to the secretary of the Union ministry of information and broadcasting to block public access to any digital information.

Therefore, he wanted the court to pass an interim order restraining the Union from taking any action under the rules pending disposal of the plea.

Since no adverse action has been initiated against the petitioner as of now, the bench refused to grant any omni bus order staying the operation of the rules.

However, if such provisions are resorted to against the petitioner, they will be at liberty to apply for interim relief in these proceedings, the court said and adjourned the hearing by three weeks.

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