Bombay HC Stays Controversial IT Rules on 'Code of Ethics' for Digital Media

Rules 9(1) and 9(3) found to be an 'intrusion' on the fundamental right to freedom of speech.

The Bombay High Court on Saturday, 14 August, stayed Rules 9(1) and 9(3) of the controversial new IT Rules enacted in 2021, which required digital news media and online publishers to adhere to a 'Code of Ethics' prescribed by the government, and follow a three-tiered grievance redressal mechanism.

Chief Justice Dipankar Datta and Justice GS Kulkarni have been hearing a petition filed by legal news website The Leaflet, and a public interest litigation petition by journalist Nikhil Wagle, which challenge the constitutionality of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

As an interim measure, the petitioners had asked the court to stay the implementation of the new IT Rules as they violate their right to freedom of speech, and go further than their parent legislation, the Information Technology Act.