Bombay High Court's Stay On Enforcement Of IT Rules 'Code Of Ethics' Against Digital Media To Have Pan-India Effect: Madras High Court [Read Order]
3 years, 6 months ago

Bombay High Court's Stay On Enforcement Of IT Rules 'Code Of Ethics' Against Digital Media To Have Pan-India Effect: Madras High Court [Read Order]

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The Madras High Court on Thursday observed that the Bombay High Court's order dated August 14, 2021 staying the operation of sub-rules and of Rule 9 of the recently notified Information Technology Rules, 2021 ought to have a pan-India effect. During the hearing on Thursday, Additional Solicitor General R. Sankaranarayanan on behalf of the Union pointed out to the Court that the Bombay High Court vide its order dated August 14, 2021 had stayed the operation of sub-rules and of Rule 9 of the IT Rules 2021. However, the counsels for the petitioners contended that despite the stay granted by the Bombay High Court, the petitioners had been served notices by the Central government requiring them to adhere to Rule 9 of the IT Rules 2021. Taking into consideration the grievance raised by the senior counsel Rao, the Court noted in its interim order, "If there is any action taken in terms of Rule 3 of the said Rules read with Rule 7 thereof during the interregnum, it will abide by the result of the petitions and further orders herein" The Court also noted that there is 'substantial basis' to the petitioners' assertion that Article 19 of the Constitution may be infringed in how the Rules may be coercively applied to intermediaries.

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