[IT Rules 2021] Kerala High Court grants interim protection to News Broadcasters Association

The Kerala High Court on Friday issued notice to the Central government on a petition filed by the News Broadcasters Association challenging the Information Technology (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021 (The News Broadcasters Association Vs. Ministry of Electronics and Information Technology).

Justice PB Suresh Kumar also ordered that no coercive action should be taken against the petitioners.

"The respondents shall not take any coercive action against the petitioners for non- compliance of the provisions contained in Part III of the IT Rules, as the petitioners are news broadcasters," the order said.

Senior Advocate Maninder Singh, appearing for the petitioners, challenged the IT Rules, 2021 on the grounds that it is violative of the freedom of speech and expression of the media granted under Article 19 (1) (a) of the Constitution of India.

Singh also contended that the broadcasters' programmes would not fall within the purview of the IT Act. However the Programme Code of the Cable Television Networks (Regulation) Act 1995 and the Cable Television Networks Rules, 1994 have now been made applicable to the content of the programme broadcast by the digital media by the Rules which he claimed was ultra vires the parent statute

Pertinently, he challenged Part III of the Rules which deals with the Code of Ethics and Procedure and Safeguards in relation to digital media. Under the Rules, an oversight mechanism has been set up which has been given unfettered, un-bridled and excessive powers to regulate content; there is excessive delegation of power and discretion to the Executive, it was submitted.

The Court saw fit to issue interim order in line with previous orders by the same Court and granted the prayer of the petitioners that no coercive actions may be taken against them for non-compliance with part III of the IT Rules, 2021.