DNPA Moves To Madras High Court Against IT Rules

WHAT DID THE COURT SAY

• The Madras High Court issued a notice regarding a plea that was filed by Digital News Publishers Association (DNPA).
• Journalist Mukund Padmanabhan was also party to the plea.
• The plea challenged the constitutionality of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
• The plea contested that the said IT Rules be declared ultra vires and void.

WHAT DID THE DNPA SAY

• The Digital News Publishers Association is an organisation of online news media houses.
• According to the DNPA, the said Rules are violative of Article 14, Article 19 (1)(a) and Article 19 (1)(g) of the Constitution of India.
• As per their contentions, the IT Rules cover only those platforms which are solely based on online publication.
• Since the DNPA involves media houses that are involved in print and television journalism, the IT Rules are not applicable to them.

WHAT DID THE COURT SAY

• The matter has been heard by a Bench consisting of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy.
• The Court has granted liberty to the Petitioners to approach the High Court in a situation where any action had been taken against them on the grounds of Rules 12, 14 and 16 of the IT Rules, 2021.

OTHER DEVELOPMENTS

• A statement issued by the Ministry of information and Broadcasting stated that the DNPA had interacted with the Union Minister Prakash Javadekar and accepted the new Rules.
• However, the subsequent plea filed contends that the Rules were passed without any consultation and would over regulate the journalism sector.
• It has also been submitted that Rule 3(2)(b), Rule 3(1)(d), Rule 4(2) and Rule 4(4) violate the Right to Freedom of Speech and Expression.

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