Thread by @lawbarandbench

The Supreme Court is hearing a batch of petitions challenging the IT Rules, seeking to regulate OTT platforms and other similar reliefs.

The top court had previously stayed proceedings pending before various High Courts in this regard.

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Solicitor General: There are three SLPs, if those can be taken up first.

Court: We'll first dispose of the infructuous writ petition which seeks enactment of laws to regulate social media platforms.

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Court: SLP is against what order?

SG: order of the HC.. we have regulated the content and provided for a grievance mechanism. It does not encroach upon any freedom.

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SG: Freedom is never without reasonable restrictions.

Court: Who is appearing for petitioner?

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Court also disposes an SLP as the limited relief was a direction to the respondent to regulate online platforms.

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SG takes court through the intermediary guidelines: Whether prima facie it violates Article 19 (1) (a)...

Court: Please see Item 7, they are not challenging rules.

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SG: Item 7.. all are disposed off.

Court: Petitioner is there. He wants to argue. What is your prayer?

Counsel for petitioner: I have come across several instances of child sexual abuse cases on the internet. I filed a complaint. Nothing has happened of this complaint.

Counsel: IT rules will not ipso facto prevent this. Therefore, the petition must survive.

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SG: He can go through the rules..

Counsel: Largely, the rules are addressing. But the enforcement has not been looked into. The trade market is still there.. they are still using that.

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Court: We have rules now. Implemention of rules.. you have to make a representation before appropriate authority.

Your petition came prior to the rules, you have not amended it so far.

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Counsel: I seek liberty to withdraw.

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Court now hears constitutional challenge to the IT Rules.

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SG urges court to take over SLP where one part of the rules is stayed.

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SG: The writ petitions challenging the validity will have to be heard.

SG shows court order of the Bombay High Court staying certain provisions of the rules.

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SG: This balances equities, while maintaining freedom.

Kindly go through these rules and have the matter tomorrow.

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Sr Adv Singhvi: This is an SLP against an interim order.

Either they can go to the HC and get the matter decided. Otherwise, this matter will require to be heard finally challenging validity by excessive delegation etc.

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SG: I ask for stay of the order.

Court: We are going to have it tomorrow.

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Court adjourns the case to next Tuesday.

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On reconsidering the board, case will be listed on next Wednesday.

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