IT Rules 2021 : Supreme Court Lists Centre's Transfer Petitions & Connected Cases On May 9

SG Tushar Mehta indicated that prayer (a) in the PIL is "Issue appropriate orders to respondent no. 1 (UOI) to institute proper investigation and legal proceedings against the users of social media profiles who are indulging in advertisement, sales and procurement of illicit content such as rape videos etc and private graphic information". He showed that prayer (c) seeks issuance of order directing respondent no. 2 (IT Ministry) to notify and enforce the Information Technology Intermediary Guidelines (Amendment) Rules 2018.

The SG submitted, "This was amended in 2021 and the 2021 rules were challenged before several High Courts and we have filed several transfer petitions. Long back they have been filed and subject to your lordships' order, they can be directed to be listed together with this. We have fastened some responsibility under those rules...For other prayers also, the intermediary rules will be necessary- for the rape videos etc to be brought down. We have issued certain directions under the new guidelines for bringing it down etc etc. And the intermediaries have challenged the rules on the ground that this violates their right under Articles 19(1)(a) and 19(1)(g)..."

Justice Khanwilkar put to petitioner Bajpai, who appeared virtually as party-in-person : "The SG is saying that the issues raised in these petitions, particularly some of the prayers, are overlapping with the issues raised in the W. P. (C) 787 of 2020 and connected matters. He is saying they can be taken up together?"

The petitioner expressed his no-objection to the suggestion.

The bench then passed the following order- "It is urged by the Solicitor General Tushar Mehta that in the context of reliefs claimed in this petition, the issues that need to be considered are in some matters overlapping with the issues involved in W. P. (C) 787 of 2020 and connected cases therewith and transfer petitions. Let this petition be listed with those cases before the appropriate bench together, subject to availability of the bench on May 9, 2022".

It may be noted that the High Courts of Kerala, Bombay and Madras have passed interim orders in the petitions challenging IT Rules 2021.

In March 2021, a single bench of the Kerala High Court granted interim relief in a petition filed by LiveLaw challenging the IT Rules by ordering that no coercive steps should be taken against it under the Rules. In June 2021, a similar interim relief was granted by the Kerala High Court to News Broadcasters Association.

In August 2021, a division bench of the Bombay High Court stayed the enforcement of "Code of Ethics" under the IT Rules on a petition filed by the company running the legal portal The Leaflet. The High Court prima facie observed that the said provisions infringe the fundamental right to freedom of speech under Article 19(1)(a) and also go against the substantive provisions of the Information Technology Act 2002.

Following that, in September 2021, the Madras High Court also stayed the enforcement of IT Rules against digital media observng that the oversight mechanism robs media of its independence.

Digital news portals "The Wire" & "The Quint" and social media intermediary Facebook have approached the Delhi High Court challenging the Rules.

On September 2, 2021, a bench led by the Chief Justice of India had directed the listing of the petitions relating to IT Rules after 6 weeks, on a request made by the SG.