The Madras HC Has Issued A Notice To The Centre On A Petition Challenging The IT Guidelines

What is the case

• In the Madras High Court, a case was filed contesting the whole scope of the Intermediary Guidelines 2021 (rules for both social media intermediaries and OTT platforms), which the petitioner contended was in violation of fundamental rights and "creative speech," as well as the IT Act 2000.
• The Madras High Court issued a notice in this respect on Thursday, urging the Indian government to respond to the petition within three weeks.
• The Internet Freedom Foundation drafted the petition, which was filed by famed Carnatic vocalist and artist TM Krishna. “The Impugned Rules infringe my right as an artist and cultural commentator by both exerting a chilling impact on free expression and by infringing on my right to privacy,” Krishna wrote in the petition, which is available on the IFF website. Part II of the Disputed Rules infringes on my rights as a social media user, while Part III of the Disputed Rules infringes on my rights as an online content creator.”

Details

• The Intermediary Rules 2021 (2021 Rules), which seek to increase government control and regulation over social media intermediaries and the content posted on such platforms, were released in February this year by the Ministry of Electronics and Information Technology and the Ministry of Information and Broadcasting. The IT Act now covers OTT platforms and digital news media platforms as well, thanks to Part III of the Rules.
• Grounds on which this was challenged are -

1. Violation of freedom of speech under Article 19(1)(a) of the Constitution;
2. 2. Violation of freedom to practise any profession under Article 19(1)(g) of the Constitution;
3. 3. Violation of the fundamental right to privacy under Article 21 of the Constitution;
4. 4. The 2021 Rules are manifestly arbitrary and suffer from excessive dissent.

Prayer of the PIL

• Declare IT Rules 2021 to be unconstitutional: The petitioner asked the Madras High Court to order a declaration or any other suitable Writ, Direction, or Order declaring the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as unconstitutional.
• Order an interim stay of the Rules: The petitioner requested that the HC issue an order granting an interim stay of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, pending the outcome of this writ case.

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