The Kerala High Court today sided with the News Broadcasters Association (NBA) and ordered the Centre not to take any coercive action, for now, against its members over non-compliance with the new IT Rules.
The NBA, which represents several news channels, had petitioned the High Court on Thursday challenging the IT Rules on grounds that they give government authorities "excessive powers" to "unreasonably and impermissibly restrict" the media's freedom of speech and expression. Justice PB Suresh Kumar issued notice to the Centre asking for its stand on the petition.
Senior lawyer Maninder Singh, who appeared for the NBA, said under the IT rules, a Joint Secretary would head an oversight mechanism to supervise the self-regulatory body headed by a retired judge. Under the rules, media companies or their associations have to form self-regulatory bodies headed by a retired judge of the Supreme Court or High Courts or an eminent person. Mr Singh argued this meant a Joint Secretary would supervise the orders of a retired judge.
In a statement on its petition, the NBA said the Information Technology (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021, violate Articles 14 and 19 of the constitution, on equality before law and the right to freedom to practise any profession.
The petition says the new rules create an "oversight mechanism giving the executive unfettered, unbridled and excessive powers to regulate content of digital news media".
"The grievance redressal mechanism created and the powers delegated have a ''chilling effect'' on the content of the media. The writ (petition) also states that the executive by creating such a structure, has made inroads into judicial power and vested itself with powers reserved exclusively for the judiciary and such exercise of power is without jurisdiction," the NBA statement said.
"The rules violate Article 14 as there is neither any parity nor any valid exercise of classification in the rules as 'intermediaries'' have been equated with 'digital news media'," it said.
According to the news channels' body, the Programme Code contains vague, imprecise and ambiguous terms in relation to "content" such as "good taste", "snobbish attitude" and therefore, is not in consonance with judgment of the Supreme Court.
Several digital news media platforms have already challenged the 2021 IT Rules in various High Courts.
The rules are meant to regulate the functioning of online media portals and publishers, streaming or Over-The-Top (OTT) platforms and social media intermediaries.
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