Delhi High Court seeks response from Centre in The Quint's challenge to IT Rules on digital media

The Delhi High Court today sought a response from the Central government in the petition filed by The Quint challenging the new Information Technology guidelines on regulation of news and current affairs content in the digital sphere (Quint Digital Media Ltd v. Union of India)..A Division Bench of Chief Justice DN Patel and Justice Jasmeet Singh issued notice in the petition. .Appearing for The Quint, Advocate Nitya Ramakrishnan sought a direction for protection from any coercive action. The Court, however, refused to pass any order at this stage. .The Quint has asserted that the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, in so far as they define and apply to publishers of news and current affairs content, are void and inoperative..It is added that regulation of publishers of news and current affairs content, as provided under Part III, is in violation of Articles 14, 19(1)(a), 19(1)(g) and 21 of the Constitution of India. ."Digital news portals such as the Quint, published by the Petitioners, are already subject to all the civil and criminal laws enacted for those interests. Therefore, the IT Rules, 2021 cannot be in the interest of Article 19(2). They are only meant to be a ruse for the State to enter and directly control the content of digital news portals," the petition reads. .The Quint has submitted that online news portals ought to be treated on par with print newspapers as they both contain written material on current affairs..It is also contended that the Regulation is ultra vires even the Information Technology Act as the Rules go beyond what is contemplated in the parent Act.."...the parent IT Act deals with electronic data/record, the object and purpose of the IT Act, is primarily to provide for legal recognition of such electronic data/record, recognise means of electronic communication, authenticate and establish conditions in which electronic data/record could be considered as evidence, and to recognise offences committed through the use of computer resources...the IT Act does not recognise digital news media as a separate category of entities and does not seek to subject them or their content to any set of special regulations," it is explained. .It is added that the Rules attempt to proscribe content on digital media sites on the basis of vague and subjective grounds which the Supreme Court has already voided when it struck down Section 66A of the IT Act in Shreya Singhal v. Union of India..The petition was filed through Advocates Prasanna S and Vinoothna Vinjam. .The matter will be heard next on April 16, on which date the Court will also hear a similar challenge mounted against the Rules by Foundation of Independent Journalism. .Breaking: Delhi High Court issues notice in challenge to Information Technology intermediary guidelines