MP moves motion against new IT rules

Published on Jul 23, 2021 12:51 AM IST
  • If voted and adopted by Rajya Sabha, it will then go to the Lok Sabha to decide whether they want to initiate a debate.
These rules do not necessarily have to be debated by the Parliament; they only have to be placed at floor of the house
These rules do not necessarily have to be debated by the Parliament; they only have to be placed at floor of the house
By, Hindustan Times, New Delhi

A Rajya Sabha MP has moved a proposal to strike down the contentious new social media and intermediary guidelines, notified by the government in February. The motion that has been accepted is a rarely used statutory one, moved by Communist Party of India MP Binoy Viswam.

“This House resolves that the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, issued under clause (z), (zg) of sub-section (2) of Section 87 of the Information Technology Act, 2000 published in the Gazette of India dated the 25th February, 2021 vide Notification No. G.S.R. 139(E) dated the 25th February 2021 and laid on the Table of the House on 25th March 2021, be annulled. This House recommends to Lok Sabha that Lok Sabha do concur in this Motion,” the motion states.

If voted and adopted by Rajya Sabha, it will then go to the Lok Sabha to decide whether they want to initiate a debate.

“All laws provide that rules made under the cabinet be scrutinized by Parliament. Individual MPs can move a motion either asking for the striking down of a rule or amending the rule made by the government under a law. The motion is then debated and voted upon in the House. If the MPs motion is approved by the House then it requires to be approved by the other house for the rule to be either completely negated or amended,’’ said Chakshu Roy, Head of Legislative and Civic Engagement, PRS Legislative Research.

The new rules for social media intermediaries, over the top platforms and digital news media publishers have been cleared as a “subordinate legislation”: a power essentially invoked by the government to ratify new rules.

“Subordinate legislation is the legislation made by an authority subordinate to the legislature… Most of the enactments provide for the powers for making rules, regulations, bye-laws or other statutory instruments which are exercised by the specified subordinate authorities...,” the RS Website sates.

These rules do not necessarily have to be debated by the Parliament; they only have to be placed at floor of the house

SHARE THIS ARTICLE ON
Close Story
SHARE
Story Saved
×
Saved Articles
Following
My Reads
Sign out
New Delhi 0C
Tuesday, August 16, 2022
Start 15 Days Free Trial Subscribe Now