Bombay HC stays 'Code of Ethics' of IT Rules 2021

Mumbai: The Bombay High Court stayed 9(1) and 9(3) of the Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules 2021 in an interim order, reports Live Law. The two rules mandate that digital media and online publishers should adhere to the "Code of Ethics" prescribed by the Rules.

A division bench of Chief Justice Dipankar Dutta and GS Kulkarni prima facie observed that the provisions infringe the fundamental right to freedom of speech under article 19(1) of the constitution. It also goes against the substantive provisions of the Information Technology Act 2001, the bench said.

Dissent is vital for the functioning of a healthy democracy. But the new 2021 IT Rules would make a journalist or a news publisher think twice before criticising the government, the court observed. Even if they are within the boundaries of reasonable restriction, the Rules could penalise them, the court said.

However, the bench refused to stay Rules 7, 14 and 16 of the IT Rules 2021. The court observed no immediate urgency in quashing rule 14, but it allowed the petitioners to raise their grievances against the Rule. Rule 16, which helps the union government block access to the content, is similar to Rule 9 of the 2009 Rules. Since the petitioners have not expressed on the 2009 Rule, Rule 16 would not have stayed, the court added.

After the court's ruling, Additional Solicitor General Anil Singh requested a stay of the order. But the court turned his prayer down.

The court's order was on the petitions filed by AGIJ Promotion of Ninteenonea Media and journalist Nikhil Wagle.