HC stays some provisions of Code of Ethics of IT Rules for digital media

The Bombay High Court on Saturday granted an interim stay to the operation of clauses 9 (1) and 9 (3) of the new Information Technology Rules, 2021, for digital media pertaining to adherence to a Code of Ethics.

A bench of Chief Justice Dipankar Datta and Justice G S Kulkarni said such compulsory adherence to code of ethics was in breach of the petitioners’ right to free speech guaranteed under Article 19 of the Constitution.

It also said that clause 9 went beyond the scope of the Information Technology Act itself. The HC also refused the Union government’s request to stay the order to enable it file an appeal.

The court, however, refused to stay clauses 14 and 16 of the IT Rules that deal with the constitution of an inter-ministerial committee and blocking of content in certain situations.