 Rules, 2021 as unconstitutional and the same be struck down.){kind=link}
The Delhi High Court on Wednesday issued notice on writ filed by an Advocate challenging the legality and constitutionality of the newly introduced Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
A divisional bench of Chief Justice D.N. Patel and Justice Jasmeet Singh has sought responses from the Central Government, Ministry of Electronics and Information Technology, Ministry of Information and Broadcasting and Ministry of Law and Justice.
The petition has been filed by practicing Advocate, Sanjay Kumar Singh, alleging, “…impugned rules significantly intrude and unconstitutionally restrict petitioner’s freedom of speech and expression in so far as posting content on social media platforms is concerned.”
Singh has sought direction declaring Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as unconstitutional and the same be struck down.
The petition submits, “…the rules banning postings, publishing or sharing of content on the platform of the intermediary on certain grounds are far too overbroad without the necessary explanations, exceptions or clarifications. This has the effect of deterring posting, sharing or publishing of even such content which is otherwise fully permissible under the fundamental right to speech and expression.”
The bench has listed the matter for further hearing on April 16.