Shivangi Prakash-
Published on: August 13, 2021 at 13:00 IST
The Centre has opposed a stay on the operation of the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) till the Bombay High Court rules on the merits of the challenge.
The Ministry of Information and Broadcasting (MIB) opposed the prayer for stay, stating in the affidavit, “Merely because a statute comes up for examination and some arguable point is raised, which persuades the Courts to consider the controversy, the legislative will, should not normally be put under suspension under any circumstances.”
The MIB emphasized that there is an inherent presumption in favor of the constitutionality or validity of subordinate legislation. The affidavit stated that it is necessary to demonstrate that such legislation is unconstitutional and that until then, ‘judicial restraint’ must be exercised in preventing its execution.
Staying on the Rules, according to the affidavit, would contribute to the dissemination of false news and legally banned content.
Following the Court’s directives, a common brief affidavit was filed in the petitions challenging the recently notified IT Rules, 2021 established under the Information Technology Act.
Leaflet, a digital news portal, and Nikhil Mangesh Wagle, a Mumbai journalist, are among the petitioners before the Court.
The petitioners also established grievance redressal mechanisms, appointed grievance officers who are disposing of the grievances per the Rules.
“Since the notification of the rules, the Ministry has not issued any single order, direction, or advisory to any digital news publisher, including the petitioner”, the affidavit highlighted.
The affidavit stated that there is no issue of urgency warranting interim relief to safeguard the petitioners from any form of irreparable loss in light of the submissions.
The affidavit went on to say that a stay on Part III of the Rules’ implementation or operation would render the legally constituted institutional framework for digital media publishers ineffective.
MIB argued that the provision related to intermediaries did not apply to Leaflet or any other organization in response to Wagle’s PIL requesting a stay.
It simply stated that an intermediary who fails to follow the requirements loses his or her status as an intermediary and is subject to legal action.
The affidavit argued that the motion for an ad-interim or interim stay should be denied given the submissions and the potentially spiraling consequence of this Court’s judgment.
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