This Article is From Jun 24, 2021

On Plea Challenging new IT rules, Madras High Court Says No Action Now

The Madras High Court has refused to pass any interim order restraining the operation of rules 12, 14 and 16 saying no action has been initiated against petitioners as of now.

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The petition challenged the new IT rules, contending they will be used to take coercive action.

Chennai:

No action will be taken for now regarding portions of the new IT rules, the Madras High Court said today  in response to a petition challenging it by the Digital News Publishers Association. The court, however, said the petitioner can approach it in case the government takes action against them under the new rules.

The petition had challenged the new rules, contending that they would be used to take coercive action against media houses.

No action has been initiated against petitioners as of now under rules 12, 14 and 16 of the new IT Act, the court said, refusing to pass any interim order.

The new rules mandate compliance with "code of ethics and procedure and safeguards in relation to digital media".

Rules 13 - 15  gives the government powers to decide on complaints by any consumer and take action against such publishers which they are concerned should lie with judiciary and not the executive as there could be misuse.

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Rule 16 also confers emergency powers to even pass interim orders blocking any content published by a publisher without providing an opportunity for hearing.

"No omnibus order is made at this stage," said Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy, and asked the Union Government to file a response within two weeks.

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In the petition, the Digital News Publishers Association had expressed concern that the new rules could suppress freedom of expression, independence of news and violate equality guaranteed by the Article 14 of the Constitution.

The intention of the IT Act 2000 was to provide legal recognition to electronic communication and documents, the petition said. The amendments made to the law cannot enlarge its scope under any circumstance.

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Media outlets have also expressed concern about the government's move to categorise print media that made the same content available on a digital platform under the new rules.

This, they said, doesn't recognise the series of legislations, codes, rules, bodies and regulations put in place to regulate the content published by legacy media houses.

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The court also tagged a similar petition filed by well-known Carnatic vocalist T M Krishna.

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