In an interim order, the court not only stayed provisions of the IT Rules but also held that it was unconstitutional and inappropriately elevated voluntary norms to mandatory status. The Bombay High Court on Saturday stayed provisions of the IT Rules that would require digital news publishers to create a three-tier grievance mechanism and to observe a Code of Ethics. Operation of Rules 9(1) and 9(3) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, were stayed by the court. MediaNama has reviewed a copy of the order. This essentially means that news organisations are, for the interim, no longer required to set up grievance redressal mechanisms as laid out in the Rules. The court reasoned in its interim order that it finds the requirements to be beyond the scope of the Rules' parent legislation, the Information Technology Act, 2000, and violate the constitutional right to freedom of expression. The ruling was pronounced by Chief Justice GS Kulkarni in the matter of two PILs, AGIJ Promotion Of Nineteenonea Media Pvt Ltd & anr v. Union of India & anr, and Nikhil Mangesh Wagle v. Union of India. The final hearing has been set for September 27. This is by far the most significant setback to the IT Rules, notified by the government in February to regulate social media companies, streaming services, and digital news publishers. While other challenges continue in other courts, and the Supreme Court is yet to hear a transfer petition by the government…
