‘The Wire’ publisher moves Delhi HC challenging new digital media rules

The Foundation for Independent Journalism, which publishes the news website The Wire, has challenged the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 before the Delhi High Court. The matter will be heard today by the Division Bench of Chief Justice DN Patel and Justice Jasmeet Singh.

The new rules that were notified on 26th February will bring social media, digital news and over-the-top (OTT) platforms under the regulatory framework. The digital news platforms will be governed by the Part-III of the rules titled Code of Ethics and procedure and safeguards which will be administered by the Ministry of Information and Broadcasting (MIB).

As per the guidelines, the digital news platforms will now have to follow the journalistic conduct of the Press Council of India (PCI) and the Programme Code under the Cable Television Network Act, which is already applicable to print and TV.

The rules also mandate a three-tier grievance redressal mechanism for news publishers, OTT Platforms, and digital media. The publishers will have to appoint a Grievance Redressal Officer based in India who shall be responsible for the redressal of grievances received by it. The officer shall take a decision on every grievance it receives within 15 days.

There may be one or more self-regulatory bodies of publishers. Such a body shall be headed by a retired judge of the Supreme Court, a High Court, or independent eminent person and have not more than six members. Such a body will have to register with the Ministry of Information and Broadcasting (MIB).

This body will oversee the adherence by the publisher to the Code of Ethics and address grievances that have not been resolved by the publisher within 15 days. The MIB will formulate an oversight mechanism. It shall publish a charter for self-regulating bodies, including Codes of Practices. It shall establish an Inter-Departmental Committee for hearing grievances.

Reacting to the new rules, the DigiPub News India Foundation, of which The Wire is also a member, had written to Union Minister for I&B and Union Minister for Electronics and IT, expressing its reservations regarding the Intermediary Rules 2021. DigiPub has urged the government to repeal the rules or keep them on hold till these concerns are taken care of.

"These Rules in some places appear to go against the fundamental principle of news and its role in a democracy. While rules and laws already exist to hold news media accountable, the aforesaid rules enable the executive government to even remove content published as current affairs or news (Rule 14.) among other things," the foundation said in the letter.

The digital news publisher body said that there are some other anomalies in the rules as formulated. "In the Rules as drafted, the expression may invite adverse consequential action, such as in the case of defamation. Such action should only happen after adjudication by open courts of law, on legal principles. This entire legal process is bypassed by the Rules, in as much as, upon a complaint of defamation, a body consisting of bureaucrats and controlled by the Central Government may decide the merits and block access to the content of any current affairs publication."

Likewise, it stated that whether or not a publication is pornographic or offends any other law, is a matter of due process and adjudication by an open and independent judiciary. All these powers will now be wielded by a Government of India body. This also goes against the principle of separation of powers, DIGIPUB noted.

DIGIPUB also feels that giving government servants the power to define reasonable restrictions may inhibit the news media from doing its job. It also said reasonable restrictions must be demonstrably and strictly necessary to the interests enumerated in Article 19(2), and must also be reasonable, fair, and just.

It also pointed out that the 'news and current affairs content’, ‘newspaper’ and a ‘publisher’ of the same, are not recognised by the IT Act at all. "When the parent statute does not comprehend these operations, the delegated legislation within these Rules need not take into its ambit digital news."