Bombay HC stays enforcement of code of ethics provisions under new IT rules

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The Bombay High Court on Saturday stayed the implementation of Rule 9 (1) and (3) of the recently-notified Information Technology (Guideli...

The Bombay High Court on Saturday stayed the implementation of Rule 9 (1) and (3) of the recently-notified Information Technology (Guidelines for intermediaries and Digital Media Ethics Code) Rules, 2021, reported Bar and Bench. The provisions deal with the code of ethics under the new IT rules.

A bench of Chief Justice Dipankar Datta and Justice GS Kulkarni observed that the provisions were an intrusion on the right to freedom of speech and expression and beyond the substantive law of Information Technology Act that is in effect since 2009.

The Centre had notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, under the Information Technology Act, 2000, on February 25. The rules, which were enforced from May, regulate social media companies, streaming and digital news content, virtually bringing them, for the first time, under the ambit of government supervision.

Rule 9 (1) says that digital media content publishers must observe and adhere to the code of ethics in the IT guidelines. Rule 9 (3) provides a three-tier structure to address the grievances made in relation to publishers to ensure that the code of ethics is followed.

The High Court, however, did not stay the implementation of Rule 9 (2) that deals with action against publishers...

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india today news 4 u: Bombay HC stays enforcement of code of ethics provisions under new IT rules
Bombay HC stays enforcement of code of ethics provisions under new IT rules
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