IT Rules, 2021: 'No Interim Order From SC Restraining High Court': Madras HC To Hear Arguments On February 25

In a batch of writ petitions challenging the constitutional validity of Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules, 2021, Madras High Court has instructed the parties to argue soon since there is no interim order from the apex court restraining the Court.

The first bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy listed the matter on 25th February for enabling the parties to argue on the constitutional validity of IT Rules.

When the matter was taken up today, Advocate Rahul Balaji informed the court that there has been some disruption in the apex court regarding the transfer application on the cases pertaining to the constitutional validity of rules. 

"It has not been listed to my knowledge though it was numbered",  Counsel submitted while adding that the interim order of the High Court restraining the central government from taking any coercive action against the petitioners is still in force. He also requested for a short accommodation with respect to arguing the matter since Senior Counsel P.S Raman is leading the matter.

Taking note of the same, the bench told the counsels that it will hear the matter on merits and adjudicate it in the absence of any interim order from the apex court.

The direction comes in a batch of writ petitions where the petitioners include Digital News Publishers Association, Carnatic Vocalist T.M Krishna and Indian Broadcasting and Digital Foundation.

Last year,  Madras High Court restrained the Central Government from taking any coercive action under the IT Rules 2021, against digital media platforms that are members of the Indian Broadcasting and Digital Foundation, including Sun TV Network. The development came in a writ petition preferred by the Foundation challenging the Code of Ethics in relation to digital media platforms under Part III of the 2021 Rules.

Similarly, in a Public Interest Litigation (PIL) moved by acclaimed Carnatic musician TM Krishna and another petition of Digital News Publishers Association (DNPA) as well as journalist Mukund Padmanabhan, Madras High Court had taken the prima facie view that coercive application of IT Rules against intermediaries violates Article 19(1)(a) and the proposed oversight mechanism robs the media of its independence. The court also noted therein that the Bombay High Court's order dated August 14, 2021 staying the operation of sub-rules (1) and (3) of Rule 9 of the Information Technology (Guidelines for intermediaries and Digital Media Ethics Code) Rules, 2021 (IT Rules 2021) ought to have a 'pan-India' effect. 

Case Title: Digital News Publishers Association & Anr v. Union Of India & Anr. & Connected Matters

Case No: WP/13055/2021 (Gen. Misc.) & Ors.

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