In a setback to the Central government, the Bombay High Court on Saturday stayed the newly-introduced IT rules which mandated that digital media and online publishers should adhere to the ‘Code of Ethics’ prescribed by the Rules.
The High Court ruled that the said provisions infringe the fundamental right to freedom of speech under Article 19(1)(a) and also go against the substantive provisions of the Information Technology Act 2002.
While pronouncing the order, Chief Justice Dipankar Dutta said, “In so far as Rule 9 is concerned, we have found it prima facie to be an intrusion of the petitioners’ rights under Article 19a. We have also held that it goes beyond the substantive law. Therefore we have stayed clauses 9(1) and 9(3). The rule is not stayed in its entirety.”
While Rule 9(1) and 9(3) remain stayed, Rule 9(2) which says that a publisher will be liable for consequential action for violating any other law in force, is in effect.
The pleas, filed by digital legal news portal Leaflet and journalist Nikhil Wagle, raised objections to several provisions in the new IT Rules introduced by the Centre and said these were likely to have a “chilling effect” on a citizen’s right to free speech as guaranteed by the Constitution.
Earlier on Friday, the HC bench had asked the Union government what was the need to introduce the recently notified Information Technology Rules, 2021 without superseding the existing IT rules that came into effect in 2009.
Additional Solicitor General Anil Singh, who appeared for the government, had argued that the need to bring in new regulations was felt for checking the spread of fake news.
