NEW DELHI: The Supreme Court on Monday stayed proceedings pending before various high courts in cases involving challenges to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules-2021 or the Cable Television Networks (Amendment) Rules-2021.
A two-judge bench headed by Justice A M Khanwilkar stayed the proceedings while hearing a cluster of petitions — including those raising the issue of hate speech and seeking regulations for OTT (over-the-top) platforms — and issued notice to various parties on the Central government’s plea seeking transfer of all the cases to the Supreme Court.
The bench, however, did not stay the interim orders already passed by the high courts regarding the matter. The court will now hear the pleas on May 19.
Several online news portals such as the Leaflet and Live Law, among others, have challenged the IT Rules-2021.
Solicitor General Tushar Mehta, appearing for the Centre, told the bench that there are several petitions in the matter pending before the apex court.
Some high courts have stayed the statutory regulations and the Centre has filed special leave petitions (SLPs) against those orders, he said, requesting the bench to consider granting a stay so far as transfer petitions are concerned so that no further orders are passed.
The top court noted in its order that the Solicitor General has assured to prepare a chart of cases involving a challenge to the IT Rules, and petitions generally seeking directions for evolving a mechanism which would be touching upon the subject matter.
The bench also noted that it was urged before it that since the new IT Rules-2021 have come into force, some of the petitions pending before it may not survive for further consideration.
It said the other set of cases involves pleas raising the issue of hate speeches and hate crimes would be listed separately on May 19.
Petitions say IT Rules violate Constitution
Several online news portals shave challenged the IT Rules, 2021. Some petitions have prayed for declaration of IT Rules-2021 to be violative of Articles 13, 14, 19(1)(a), 19(1)(g), and 21 of the Constitution. One of the pleas says due process was not followed under the IT Act 2000 in issuing the IT Rules.
‘Excessive delegation of power’ frowned at
The petition filed by legal news portal Live Law contends the IT Rules are vague, suffer from excessive delegation of powers and will lead to the exercise of judicial functions by non-judicial authorities. Some petitions have also challenged parts of the Rules that seek to regulate publishers of news and current affairs content.
Executive control on free speech questions
Another petition says Part III of the IT Rules-2021 “imposes an unconstitutional three-tiered complaints-and-adjudication structure upon publishers, which makes the executive both the complainant and the judge on vital free speech questions involving blocking and take down of online material”.