Top court docket stays proceedings in HCs on IT Rules 2021 as Centre seeks switch of petitions to SC

Express News Service

NEW DELHI: The Supreme Court on Monday has stayed proceedings earlier than varied High Courts in circumstances involving challenges to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021.

The prime court docket has issued a discover within the switch petition filed by the Central authorities to switch all of the pleas earlier than the High Courts to the apex court docket. The prime court docket, nevertheless, has not stayed the interim orders already handed by the High Courts.

“We direct stay of further proceedings pending before the High Courts in the respective cases or to be filed hereafter until the next date of hearing involving a challenge to the IT Rules or Cable TV (Amendment) Rules, which are the subject matter of proceedings in these cases,” the bench headed by Justice AM Khanwilkar stated.

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The prime court docket will likely be listening to a cluster of petitions difficult The Cable Television Networks (Amendment) Rules 2021 and completely different elements of the IT guidelines 2021 on May 19.

Some petitions  have prayed for the declaration of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 to be judged as violative of Articles 13, 14, 19(1)(a), 19(1)(g), and 21 of the Constitution of India

One of the pleas says that Intermediaries Rules 2021 haven’t been issued following due course of underneath the IT Act 2000. The plea by on-line authorized information portal LiveLaw contends that they’re imprecise, undergo from an extreme delegation of powers and can result in the train of judicial capabilities by non-judicial authorities.

The petitions have challenged elements of the principles that search to manage the publishers of stories and present affairs content material and publishers of on-line curated content material.

“In substance, Part III 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 takedown of online material,” one of many petition reads.

Several on-line information portals such because the Leaflet, LiveLaw and many others have challenged the IT Rules, 2021.