Digital Media Rules: Supreme Court To Consider Taking Over All Cases (02-09-2021)

New Delhi: The Supreme Court will consider transferring to itself all cases linked to the new Information and Technology rules for digital media and giving it a combined hearing. The plea came from the centre, which filed a transfer petition days after the Bombay High Court put on hold a part of new rules that seeks to regulate content on digital news websites.

The court ordered that the petition be listed along with a case against media reports on the Tablighi Jamaat gathering in Delhi last year, which was blamed for a spike in Covid cases. The hearing will be held after six weeks.

On August 16, the Bombay High Court put on hold the implementation of rules which required digital news media to compulsorily follow the code of conduct laid down by the Press Council of India, a self-regulating press watchdog, and the country's cable TV code.

Various petitions have been pending in different high courts across the country - many of them challenging the new laws. Several courts have already said that no coercive action can be taken against publishers who have not implemented the rules. The relief to the publications remain in place for now.

In response to a challenge, the Delhi High Court has refused to put a freeze on the rules.

In its order, the Bombay High Court said some of the requirements under the amendment violate freedom of speech, following petitions filed by legal news portal The Leaflet and journalist Nikhil Wagle, challenging parts of the new rules.

Other parts of the rules have been challenged in other courts. Even social media platform WhatsApp has filed a petition against a requirement that it break end-to end encryption under certain circumstances.

The government, which went to the Supreme Court asking for a stop to the challenges, suffered a setback after the top court declined.

The centre has said the new rules seek to “prevent the misuse of the freedom of press” and protect people from fake news in digital media.

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03 Sep 2021