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News broadcasters association moves HC against new IT rules
The NBA said the Information Technology (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021, are ultra vires to the Information Technology Act, 2000.
The News Broadcasters Association (NBA) Thursday said it has filed a plea in the Kerala high court challenging the new IT rules on the ground that they give 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, 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”.
“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 statement said.
It said the petition has also challenged the new rules as the IT Act does not contain any provision for dealing with “content” of any programme and therefore, the rules are ultra vires the parent Act.
Several digital news media platforms have already challenged the 2021 IT rules in various high courts and even the Centre has approached the Supreme Court seeking to transfer all such pleas to itself.
The 2021 rules regulate the functioning of online media portals and publishers, over-the-top platforms and social media intermediaries.
