MIB files affidavit in Bombay HC, opposes interim relief to petitioners in IT Rules case
The affidavit states that IT Rules 2021 have been created to ensure a level-playing field between online & offline media and are the same as the norms for traditional news publishers (Print and TV)
The centre has opposed any interim relief to The Leaflet and journalist Nikhil Wagle for not complying with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules 2021). The union government has filed an affidavit before the Bombay High Court saying that any relief may have a spiralling effect and result in the spread of fake news and legally prohibited content.
The affidavit has been filed by Amarendra Singh, Deputy Secretary in the Ministry of Information and Broadcasting (MIB). It states that IT Rules 2021 have been created to create a level-playing field between the online and offline media and are the same as the norms for traditional news publishers (Print and TV).
"It is also submitted that an interim stay on the implementation or operation of Part-III of the Rules would render the legally established institutional framework for digital media publishers inoperative, leading to an environment of impunity, and the concomitant spread of fake news and legally prohibited content. It is further submitted that such a situation may not only cause harm to the citizen's right to correct information but also impact the efforts being made by various stakeholders towards the development of a safe online news media ecosystem," the affidavit reads.
As per the affidavit, the scope of Information Technology Act includes regulation of electronic records which are in the nature of media records, and hence the IT Rules are within the competence of the Union Ministry of Electronics and Information Technology (MeitY).
The petitioners have argued that the Part III of the IT Rules are ultra-vires because the IT Act does not contemplate regulation of digital media. "The scope of the Information Technology Act includes recognition and regulation of electronic records which are in the nature of media content, and therefore, Part III of the Rules is within the ambit of the Act. In this regard, it is submitted that from the perspective of scope of the Rules, the Rules are well within the legislative competence of MeitY," the affidavit states.
It also noted that over 1,800 digital media publishers, with over 97% of them being publishers of news and current affairs content, have furnished information to the MIB, including the petitioner The Leaflet, which has also established a Grievance Redressal Mechanism and appointed Grievance Officers.
The affidavit says that till date the government has not received any representation from any particular digital news publisher citing the exact number of grievances received by it relating to the Code of Ethics and the difficulty faced by it in the redressal of grievances.
The affidavit states that The Leaflet website mentions that it has only received two grievances so far and redressed the same. "Furthermore, it is hereby submitted that the significance of self-regulation under Part-III of the Rules is evident by the fact that till date, there has not been a single case requiring the intervention by the Oversight Mechanism. It is also submitted that since the notification of the Rules, the Ministry has not issued any single order, direction, or advisory to any digital news publisher, including the petitioners."
The centre has informed the Bombay High Court that it has filed transfer petitions in the Supreme Court seeking transfer of all High Court petitions challenging IT Rules to the apex court. "In light of the above, it is respectfully submitted that based on the legal precedents, facts of the present case, and the potentially spiralling impact of a decision in this Court on the various related matters being heard by the Hon'ble Supreme Court, the prayer for interim and ad-interim reliefs by the petitioners be declined", the affidavit stated.
The affidavit has been filed by Amarendra Singh, Deputy Secretary in the Ministry of Information and Broadcasting (MIB). It states that IT Rules 2021 have been created to create a level-playing field between the online and offline media and are the same as the norms for traditional news publishers (Print and TV).
"It is also submitted that an interim stay on the implementation or operation of Part-III of the Rules would render the legally established institutional framework for digital media publishers inoperative, leading to an environment of impunity, and the concomitant spread of fake news and legally prohibited content. It is further submitted that such a situation may not only cause harm to the citizen's right to correct information but also impact the efforts being made by various stakeholders towards the development of a safe online news media ecosystem," the affidavit reads.
As per the affidavit, the scope of Information Technology Act includes regulation of electronic records which are in the nature of media records, and hence the IT Rules are within the competence of the Union Ministry of Electronics and Information Technology (MeitY).
The petitioners have argued that the Part III of the IT Rules are ultra-vires because the IT Act does not contemplate regulation of digital media. "The scope of the Information Technology Act includes recognition and regulation of electronic records which are in the nature of media content, and therefore, Part III of the Rules is within the ambit of the Act. In this regard, it is submitted that from the perspective of scope of the Rules, the Rules are well within the legislative competence of MeitY," the affidavit states.
It also noted that over 1,800 digital media publishers, with over 97% of them being publishers of news and current affairs content, have furnished information to the MIB, including the petitioner The Leaflet, which has also established a Grievance Redressal Mechanism and appointed Grievance Officers.
The affidavit says that till date the government has not received any representation from any particular digital news publisher citing the exact number of grievances received by it relating to the Code of Ethics and the difficulty faced by it in the redressal of grievances.
The affidavit states that The Leaflet website mentions that it has only received two grievances so far and redressed the same. "Furthermore, it is hereby submitted that the significance of self-regulation under Part-III of the Rules is evident by the fact that till date, there has not been a single case requiring the intervention by the Oversight Mechanism. It is also submitted that since the notification of the Rules, the Ministry has not issued any single order, direction, or advisory to any digital news publisher, including the petitioners."
The centre has informed the Bombay High Court that it has filed transfer petitions in the Supreme Court seeking transfer of all High Court petitions challenging IT Rules to the apex court. "In light of the above, it is respectfully submitted that based on the legal precedents, facts of the present case, and the potentially spiralling impact of a decision in this Court on the various related matters being heard by the Hon'ble Supreme Court, the prayer for interim and ad-interim reliefs by the petitioners be declined", the affidavit stated.
