The Uttarakhand High Court dismissed a Public Interest Litigation (PIL) seeking direction declaring Rule – 3 (i) (II) (C) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 and notification dated 06.04.2023 as ultra vires under Article – 14, 19 & 21 of the Constitution of India and Section – 79 of the Information Technology Act, 2000.
The Petitioner further seeks direction to the respondents to not to implement the provisions of Rule – 3 (i) (I) (C) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023.
The Division Bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal was not inclined to entertain the Petition in Public Interest, since it involves the challenge to a Central Legislation, in a vacuum.
To be able to appreciate the challenge, the High Court is of the view that it is necessary that we should have an actual fact situation before us, to see what the impact of the law, which is under challenge, is in the facts of the case.
Therefore, the Bench dismissed the present Petition in limine (at the beginning).