No coercive action for non-compliance of IT rules against News Broadcasters Association: Kerala High Court
Justice PB Suresh Kumar restrained the Central Government from taking any coercive action against NBA under the new IT Rules.
FollowThe Kerala High Court, on July 9, granted an interim order in favour of the News Broadcasters Association (NBA), which had filed a plea challenging the IT Rules 2021.
Justice PB Suresh Kumar restrained the Central Government from taking any coercive action against NBA under the new IT Rules.
Senior Advocate Maninder Singh, for the organisation, submitted that the High Court had passed an order in LiveLaw Media's case restraining the Government from taking any coercive action based on IT Rules and pressed for a similar order.
Accepting the submission, Justice Suresh Kumar passed the following order.
"In light of the interim order in WPC No 6272/2021 (Live Law Media Private Limited Vs Union of India), the respondents shall not to take any coercive action against the petitioners for non-compliance of the provisions contained in the Rules."
In a statement, the NBA said the Information Technology (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021, violate Article 14 of the Constitution on equality before law and Article 19 on the right to freedom to practise any profession or to carry on any occupation, trade or business.
The petition says the new Rules 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 NBA statement said.
The IT Rules 2021 came into effect on May 26, following which "intermediaries", such as social media platforms, OtT platforms and online news platforms, have to comply with the guidelines. Many digital news media outlets have legally challenged the IT Rules in various courts.
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