Lawyer Moves To Delhi High Court Challenging IT Rules

BACKGROUND

• Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021(IT Rules, 2021) were implemented in February 2021, under Section 87 of the IT Act.
• The objective of these guidelines is to establish the Government's oversight over social media and OTT platforms.
• These Rules aim at increasing transparency and efficiency, and make the users informed that they have to adhere to the policies of the company, and remove the intermediary immunity.
• The Rules have allowed the social media platforms to place the users under constant surveillance and share their data with the Government as and when needed.

BEFORE THE COURT

• The petition filed by Advocate Uday Bedi challenges Rule 3 and 4 of the IT Rules on the ground that they give significant power to the Social Media Intermediaries to voluntarily remove access to the platform on the complaints given by private individuals.
• It also states that the rules are arbitrary and irrational as they do not give information about the Grievance Redressal Machinery and the appointments related to it and are hence, violative of the Fundamental Rights.
• Pointing at Rule 4(2), the plea mentions that the said Rule allows the Social Media Intermediary to find the originator of any message and this cannot be done without the infringement of the Right to Privacy of many other individuals, through whom the message passes.

DIRECTIONS SOUGHT

• The plea seeks a writ, order, or direction to strike down Rule 3 and 4 of the new Rules as it is ultra vires that Information Technology Act, 2000 which is the parent Act.
• It has also requested that the Court may pass any other direction that the Court may deem fit.

What are your views on the case? Do you think that these rules are important for the safeguard of the interests of the country and do they conflict with the Fundamental Rights?