Centre defends new IT rules, says they prevent misuse of freedom of press

New Delhi: In an affidavit filed before the Delhi High Court, the Central government has defended the IT Rules 2021, citing the significance that the rules will "prevent the misuse of the freedom of the press" and protect the citizens from fake news in the digital media space which used to be largely unregulated.

The Centre, in the counter affidavit filed on a challenge to the constitutional validity of the new IT Rules, has submitted that although the right to freedom of speech and expression, including the freedom of the press, is critical for a vibrant democracy like India, citizens "cannot be treated as passive consumers."

Centre also asserted that digital media "allows sensational content being re-circulated in a different context leading to misinterpretation by the audience", making it susceptible to being used as fake news.

It highlights that the entire grievance redressal procedure, which has been assailed before various Courts in the country, is only civil in nature, and any decision regarding violation of the Code of Ethics does not lead to any criminal punishment.

"IT Rules seek to prevent the misuse of the freedom of the press by empowering the audience with a mechanism to raise their grievances related to the content being published by the digital news publishers through a grievance redressal mechanism with an emphasis on the self-regulatory architecture for digital news publishers, and are therefore not only within the ambit of the Act but also fulfil the object sought to be achieved by the (IT) Act," said the affidavit recently filed jointly by the Ministry Of Information and Broadcasting and Ministry Of Electronics and Information Technology.

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which were notified in February, impose several obligations on online entities including an obligation to take down contentious content quicker, appoint grievance redressal officers and assist in investigations.

In its affidavit, the Centre has claimed that the regulation of media content in the electronic form, including news and current affairs content and online curated content, is well within the scope of the IT Act and the new rules do not provide any additional restrictions apart from what is already prohibited by existing statutes.

The pleas sought striking down of the specific part of the IT Rules on the ground that it violates Article 19(1)(a) and 19(1)(g) of the Constitution creating a chilling effect on media freedom, Article 14 of the Constitution by creating an unreasonable classification and by setting up a parallel adjudicatory mechanism to be overseen by the officials of the executive and is ultra vires the IT Act.