Regulation Of Social Media & News Portals: Big Setback For Govt As Supreme Court Allows Petitions Across India

The Supreme Court has announced that courts will not be stopped from hearing the challenges to the new IT rules that have been introduced by the government.

These new IT rules were introduced by the government in February. 

Supreme Court Allows Petitions Across India Against IT Rules

As per some news publishers, the new IT rules by the government are an infringement upon the basic constitutional rights such as the freedom of the press. 

The Centre had asked the Supreme Court to transfer all petitions that are pending in various high courts all around the country to itself. 

The Centre has emphasised that the petitions challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, should be transferred to the Supreme Court for an authoritative pronouncement on the issue.

The petitions have challenged that the new IT rules were designed to regulate social media firms such as Facebook, Twitter, and OTT players as well.

The new IT rules direct that a committee of ministers will have final veto rights over content that is considered problematic for law and order or security. They can also order its removal totally.

Centre Moved Apex Court To Hear Petitions Collectively

The Centre has moved the transfer plea against the backdrop of several high courts including Delhi, Bombay, Madras and Kerala High Courts being seized of petitions challenging the new IT Rules.

The apex court today refused to do that and said that it will hear the matter on July 16. As of now, the cases against the IT Rules can be heard therefore.

The Ministry of Electronics and Information Technology (MeITY) has now introduced the new draft of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, for social media platforms, OTT players & digital media. These include asking the social media companies to reveal the originator of a message or tweet 

As per MeITY minister Ravi Shankar Prasad, “We have not framed any new law. We have framed these rules under the existing IT Act. We are trusting the platforms to follow these regulations.” he also clarified that the focus of this guideline is on self-regulation.

We reported to you previously that popular social media platforms in the country such as Facebook, Twitter, WhatsApp and Instagram, may face a ban if they fail to comply with the new intermediary guidelines for social media platforms. 

For this compliance,  the Ministry of Electronics & Information Technology (MEITy) has given a three-month deadline which ended on May 25.