No ‘coercive action’ for not following new IT laws
The News Broadcasters Association (NBA) had on Thursday filed a plea in the Kerala High Court challenging the new IT rules. It said that it gives the government authorities “excessive powers” to “unreasonably and impermissibly restrict” the freedom of speech and expression of the media.
In a statement, the NBA said the Information Technology (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021, are ultra vires to the Information Technology Act
The notice issued by Justice PB Suresh Kumar directs the Ministry of Electronics and Information Technology and Ministry of Information and Broadcasting to not take coercive action against the news organisations that are part of the NBA for non-compliance of provisions under the new IT Rules.
“In light of the interim order in WPC No 6272/2021 (Live Law Media Private Limited Vs Union of India), the respondents shall not to take any coercive action against the petitioners for non-compliance of the provisions contained in the Rules,”LiveLaw quoted the order passed by Justice PB Suresh Kumar.
In a statement, the NBA said the Information Technology (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021, are ultra vires to the Information Technology Act, 2000 apart from being violative of Article 14 (equality before law) and 19(1)(g) (right to freedom to practise any profession, or to carry on any occupation, trade or business) of the Constitution.
It said the challenge is to Part III (Code of Ethics and Procedure and Safeguards in relation to Digital Media) of the IT rules as they create an “oversight mechanism giving the executive unfettered, unbridled and excessive powers to regulate content of digital news media”.