SC stays all pending OTT content regulation cases in High Courts
A three-judge Bench led by Justice Chandrachud stayed the proceedings in the cases that are pending before the Punjab & Haryana High Court, Madhya Pradesh High Court and Allahabad High Court
The Supreme Court has stayed the proceedings of OTT content regulation-related cases before the High Courts. The union government had filed a transfer petition seeking transfer of cases that are pending the High Courts.
A three-judge Bench led by Justice Chandrachud stayed the proceedings in the cases that are pending before the Punjab & Haryana High Court, Madhya Pradesh High Court and Allahabad High Court. The bench, which also comprised Justices MR Shah and Sanjiv Khanna, noted that 20 more petitions are pending in other High Courts as well.
While issuing the direction, the court said that it will not transfer today as the service is not complete. The bench has decided to hear the matter in second week after Holi. It also asked Solicitor General Tushar Mehta to ensure that service is completed by taking all requisite steps.
Appearing for the centre, Mehta informed that the Punjab and Haryana High Court was hearing the petition despite the notice on the transfer petition. "The moment actually a notice is issued in a transfer its an indication, and judges then say that alright its pending before Supreme Court." Justice Chandrachud observed.
The transfer petition was filed on 20th December 2020 through the secretaries of the Ministries of Information & Broadcasting (MIB) and Ministry of Electronics & Information Technology and Law & Justice.
While issuing the direction, the court said that it will not transfer today as the service is not complete. The bench has decided to hear the matter in second week after Holi. It also asked Solicitor General Tushar Mehta to ensure that service is completed by taking all requisite steps.
Appearing for the centre, Mehta informed that the Punjab and Haryana High Court was hearing the petition despite the notice on the transfer petition. "The moment actually a notice is issued in a transfer its an indication, and judges then say that alright its pending before Supreme Court." Justice Chandrachud observed.
The transfer petition was filed on 20th December 2020 through the secretaries of the Ministries of Information & Broadcasting (MIB) and Ministry of Electronics & Information Technology and Law & Justice.
The matter pertains to a petition filed by Justice for Rights Foundation against 8th February 2019 judgement of the Delhi High Court. The NGO had argued that streaming platforms show unregulated and uncertified content.
The Delhi High Court bench of Chief Justice Rajendra Menon and Justice V K Rao rejected the petition after the MIB made the submission that streaming platforms are not required to obtain any licence from the ministry.
