The Delhi High Court has sought response from the Centre over a petition challenging the new Information Technology (Guidelines for intermediaries and Digital Media Ethics Code) Rules 2021.
A division bench of the high court presided by Chief Justice D.N. Patel and Justice Jasmeet Singh issued notice to the Centre on the petition filed by The Foundation for Independent Journalism.
Appearing for the petitioners, senior advocate Nitya Ramakrishnan argued that the rules are contrary to the Centre’s affidavit in the Supreme Court in Google Case.
The senior counsel also argued that the new rules are far beyond anything that is permissible in a democracy.
The matter will now be heard on April 16.
The petition challenges the said rules alleging the same to be “ultra vires”. “The petitioners bring out wholly digital news and current affairs publications and are therefore directly affected by this overreach by way of subordinate legislation,” the plea said.
Also Read: Delhi HC extends parole of Former Haryana CM Om Prakash Chautala in teachers recruitment scam
“The petitioners’ digital news portals publish news and views, as distinct from curated content. The present petition challenges the IT Rules, 2021 only in so far as they affect digital news portals, and is not with reference to ‘publishers of online curated content’, i.e., OTT media platforms or any other entities sought to be regulated by the Impugned Rules,”
-the plea added.
“It is well-settled in law that there is no unlimited right of delegation, and that subordinate legislation cannot go beyond the object and the scope of the parent Act. Any Rule or Regulation made in exercise of delegated power has to be in consonance with the parent Act, and if such Rule or Regulation goes beyond what the parent Act contemplates, then it becomes ultra vires the parent Act,”
-the plea filed through Advocate Prasanna S stated.