
IT Rules: Delhi High Court Issues Notice On TV Today's Plea Challenging Rule 3(1)(c) Which Empowers Intermediaries To Block User Accounts
Live LawThe Delhi High Court yesterday issued notice on a plea moved by media organization TV Today Network which owns India Today and Aaj Tak news channels, challenging the constitutional validity of Rule 3 of the Information Technology Rules, 2021.Rule 3 states “an intermediary shall periodically inform its users, at least once. The Delhi High Court yesterday issued notice on a plea moved by media organization TV Today Network which owns India Today and Aaj Tak news channels, challenging the constitutional validity of Rule 3 of the Information Technology Rules, 2021. Rule 3 states “an intermediary shall periodically inform its users, at least once every year, that in case of non-compliance with rules and regulations, privacy policy or user agreement for access or usage of the computer resource of such intermediary, it has the right to terminate the access or usage rights of the users to the computer resource immediately or remove non-compliant information or both, as the case may be.” A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora issued notice on the plea which seeks reading down of the Rule in question to make it consistent with Section 79 of the Information Technology Act, 2000, Section 52 of the Copyright Act, 1957 and Articles 14, 19 and 21 of the Constitution of India. It is TV Today's case that the impugned action has been undertaken without following any safeguards as provided for the takedown under Rule 4 of unlawful or infringing content specifically identified to be unlawful or infringing under Rule 3 of the IT Rules.
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