Thread by @barandbench

#DelhiHighCourt hears the challenge to the new Information Technology (Guidelines for intermediaries and Digital Media Ethics Code) Rules, 2021.

Plea is by the Foundation of Independent Journalism.

Matter is before CJ DN Patel and Justice Jasmeet Singh.

Adv Prasanna S: We are challenged the Information Technology (Guidelines for intermediaries and Digital Media Ethics Code) Rules, 2021.

Court: This is travelling beyond which act

Prasanna S: The Information Technology Act

Court: Which provision and how is it travelling beyond?

Adv Prasanna reads out the object and purpose of the Information Technology Act

Prasanna: Regulation of content and news of current affairs is not even in contemplation.. It does not recognise newspaper entities, news entities at all...

Prasanna: (now) they purport to regulate them (news) hand in foot, that too in government control

Prasanna refers to the Supreme Court striking down Section 66A of the IT Act on the ground of being vague.

Prasanna: Even then, they had no intention of controlling the news media

She adds that now what was not been permitted is sought to be introduced in the new IT Rules.

Prasanna argues that it is not that news media is saying that they are beyond regulation.

But they can only be regulated "through a statute dedicated for that purpose, independent of the executive."

Prasanna: My petition is restricted to news media. I am not talking about OTT...

CORRECTION: Adv Nitya Ramakrishnan is arguing for the petitioner not Prasanna S

The error is regretted.

Adv Ramakrishnan argues that the new rules "go far beyond anything that is permissible in a democracy."

Ramakrishnan notes that if there is an emergent danger to the nation, by issuing a directive an intermediary content can be taken down under Sec 69A, IT Act

Ramakrishnan: This is a far cry, to say that the government will sit on every news item... say that this is in bad taste, issue censure. 69A does not permit that.

Using 69A, how can they impose a whole regulatory burden on news and current affairs?

#ITRules2021
#DelhiHighCourt

Ramakrishnan: Intermediaries are different from publishers. There are mutually exclusive.. I don't think there can be any dispute about that.

#ITRules2021
#DelhiHighCourt

Ramakrishnan reads out provision on exemption of intermediary from liability in certain cases

Court: Give one or two examples of intermediary

Ramakrishnan: Google, Twitter, Facebook, their Internet service providers like Airtel

Ramakrishnan says that intermediaries are therefore not held liable for certain third-party content that they do not have control over

Court: And you are not an intermediary

Ramakrishnan agrees

#Breaking: #DelhiHighCourt issues notice in challenge to Information Technology (Guidelines for intermediaries and Digital Media Ethics Code) Rules, 2021.

#ITRules2021

Court: We are issuing notice. We will hear you at length on next date.

Notice issued returnable by April 16th

#DelhiHighCourt
#ITRules2021

Ramakrishnan: Only one concern, they should not take any coercive steps...

Court: If they take any coercive steps, you file a CM, we will see. You have explained in detail, they have also heard. Really good to hear you

#DelhiHighCourt
#ITRules2021

Hearing over.

#DelhiHighCourt
#ITRules2021

Breaking: Delhi High Court issues notice in challenge to Information Technology intermediary guidelines

#DelhiHighCourt #ITRules2021 #IntermediaryGuidelines

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