The Bombay High Court will pronounce its order on August 14 in pleas challenging the new Information Technology Rules, 2021 and seeking a stay on its implementation as they violate fundamental rights .
A bench of Chief Justice Dipankar Datta and Justice G.S. Kulkarni was hearing a petition filed by legal news website, The Leaflet, and a public interest litigation petition by journalist Nikhil Wagle. The pleas urge for direction to restrain the authorities from taking any coercive action against them for any failure to comply with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Additional Solicitor General Anil Singh, appearing for the Ministry of Electronics and IT defended the Rules and said even the Press Council of India (PCI) prescribed a code of ethics to be followed by journalists.
However, the court said, “How can you put such an exalted status on the PCI guidelines? That not following those guidelines will lead to a penalty. Unless you have the liberty of thought, how can you express anything? How can you restrict one’s liberty of thought?”
Mr Singh argued the petitioners’ fear of adverse action on breach of the new Rules were premature. He said a specially designated committee that will be empowered to take action against those in breach of the new Rules.
The court interrupted and said, “There is a catch here. You may say there is no urgency, or no committee. But the sword is hanging on their heads.”
