New Delhi: The Delhi high court on Wednesday did not grant protection from coercive action to digital media portals as it adjourned their challenge to the new IT Rules after being informed that a plea has been moved by the Centre to transfer them to the Supreme Court.
The court then proceeded to adjourn the pleas by The Wire, The Quint and AltNews till August 20. When counsel for the media platform noted that the Centre has still not replied to the petition challenging the IT Rules, the bench directed that a reply shall be filed by the next date of hearing.
The petitions challenge the constitutional validity of the IT rules – particularly Part III of the rules, which seeks to regulate digital media publications. Part III of the rules, the petitions argue, go beyond the jurisdiction laid out by the IT Act (under which the rules have been frames) and is also ultra vires the Constitution.
A bench of Chief Justice D.N. Patel and Justice Jyoti Singh heard the case.
Senior advocate Nitya Ramakrishnan, appearing for the portals, urged the court to pass an order of interim protection as the Union government was yet to even reply to the petitions filed by digital media portals.
“Notice has gone on the rules and they have not filed reply. Now they are asking me to report to them. This is the first step in submitting to the discipline (of regulation of content by government). Please hear my stay application and grant me protection,” she said.
She added that the Union government’s conduct flies in the face of the Supreme Court decision that government regulation of content of media is unacceptable.
In response, additional solicitor general Chetan Sharma said that 1,700 digital media organisations have already submitted information as per the IT Rules.
“It is not a matter voice-vote,” Ramakrishnan stated as she asserted that the digital media portals before the court had preferred to challenge the new IT Rules.
The court, however, refused to pass any order and directed the Union to file counter affidavit.
A number of individuals and organisations – including The Wire, The News Minute’s Dhanya Rajendran, The Wire’s M.K. Venu, The Quint, Pratidhvani and LiveLaw – critical of the new IT rules, from across the country have moved high courts in their respective states, particularly in Maharashtra, Kerala, Delhi and Tamil Nadu.
In addition, 13 media outlets under the banner of Digital News Publishers Association (DNPA) and journalist Mukund Padmanabha had moved the Madras high court against the new IT Rules, appealing that the court declare them “ultra vires, void and violative of fundamental rights under the Constitution”. The court issued a notice in this regard on June 23.
Carnatic musician, author and activist T.M. Krishna had also moved Madras high court with a plea against the IT Rules.
(With PTI inputs)