Thread by @internetfreedom

We've got some news around the #ITRules! 🥳

The Bombay HC passed an interim order on 14 Aug '21 staying Rules 9(1) and 9(3) as they violate Article 19(1)(a) and were beyond the rule-making power conferred by the Parliament on the Government. 🧵 👇🏽 1/n

internetfreedom.in/bombay-high-co…

Rules 9(1) and 9(3) required news outlets & content curators to comply with:

i. Code of Ethics

ii. Government-monitored grievance redressal mechanism

Get a detailed look into the #ITRules with our easy explainer 👇🏽 2/n

internetfreedom.in/intermediaries…

Under the mechanism, a publisher must address the complaints, and its decision may be appealed to a body of publishers registered with the govt. These decisions may be appealed to an Inter-Departmental Committee (IDC) that exclusively consists of central govt. bureaucrats. 3/n

The IDC also has the power to look at CoE complaints referred by the Ministry of Information and Broadcasting (MIB). If found in violation, the IDC may recommend MIB to (amongst other things) warn, censure, admonish or reprimand the publisher, modify or even delete content! 4/n

Several digital news outlets, users, artists and organisations have challenged the constitutional validity of the #ITRules. Petitions are ongoing across various High Courts in the country.

IFF has provided legal support to @LiveLawIndia and @tmkrishna against the rules. 5/n

Here's what the Bombay HC found:

i. Rules 9(1) and 9(3) prima facie violate the freedom of speech & expression.

ii. Obligation to conform to a Code of Ethics goes against IT Act 2000

iii. Norms of Journalistic Conduct were meant as guidelines, not as mandatory compliance. 6/n

NOTE: The Court has also made important observations on the importance of dissent in a democracy!

IFF welcomes the decision of the Bombay High Court. It provides much-needed relief to news writers, editors, publishers and content creators across the country. 7/n

At IFF, we will continue to support further action on the anti-democratic #ITRules, with a focus on social media users and online streaming services.

Become a part of the Indian digital rights revolution. Become an IFF member.

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