Supreme Court transfers all petitions challenging IT Rules, 2021 to Delhi High Court

The Supreme Court on Friday transferred all petitions challenging the Information Technology (Guidelines for intermediaries and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) to the Delhi High Court [Union of India v. News Broadcasters Association and ors].These petitions were pending before several High Courts across the country. A Bench of Justices Sanjiv Khanna and Dipankar Datta has now passed an order transferring all such cases to the Delhi High Court. The Central government was also given the liberty to move the Delhi High Court to challenge any interim relief given by different High Courts to the petitioners so far..At least four High Courts are seized of petitions challenging the 2021 IT Rules.These Rules were notified by the Central government in February 2021 to regulate the functioning of online media portals and publishers, OTT platforms and social media intermediaries.The said Rules were promptly challenged before several High Courts by various petitioners, leading High Courts to pass interim orders staying some parts of the Rules..Today's Supreme Court order to transfer all these cases to the Delhi High Court was passed on a batch of petitions challenging the grant of such interim relief by different High Courts.This batch of petitions included two petitions filed by the Central government as well as a transfer petition..Social media, online news websites, OTT platforms under regulatory net: Information Technology Rules, 2021 notified.In August 2021, the Bombay High Court partially stayed the operation of Rule 9(1) and (3), which calls for adherence to a Code of Ethics and a three-tiered structure for addressing grievances made in relation to publishers of online content.In September that year, the Madras High Court passed an interim order stating that any action taken under Rules 3 and 7 of the IT Rules would be subject to the outcome of petitions challenging these Rules. The High Court also recorded a submission that the Bombay High Court's order of stay would have a pan-India effect.Meanwhile, the Kerala High Court in July 2021 granted interim protection from coercive action to the News Broadcasters Association.Later, the Central government told the Delhi High Court in November 2021 that the Rules do not in any manner create a chilling effect on the freedom of speech and expression, contrary to the apprehensions expressed by various petitioners..Read our detailed explainer on what the IT Rules, 2021 entail, here.