No coercive action against digital media without our approval, says Madras HC

In June, the Digital News Publishers Association (DNPA) — a 13-member collective of the country’s biggest news media companies — had approached the Madras HC challenging the Constitutional validity of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Formed in 2018, the DNPA includes: IE Online Media Services of The Indian Express Group, ABP Network, Amar Ujala, Dainik Bhaskar Corp, Express Network, HT Digital Streams, Jagran Prakashan, Lokmat Media, NDTV Convergence, TV Today Network, The Malayala Manorama, Times Internet Limited and Ushodaya Enterprises.

The DNPA petition has contended that these rules violate Articles 14 (equality), 19 (1) (a) and 19 (1) (g) of the Constitution pertaining to right to freedom of speech and expression and right to profession.

During the first hearing on the case, a bench of then Chief Justice of the Madras HC Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy had recorded the petitioners’ submission that there was “sufficient basis for…apprehension that coercive and arm-twisting action may be taken”.

In September, during a hearing, the HC stayed the operation of a key provision of IT Rules, 2021, that set up an oversight mechanism by the Centre to regulate social media and digital media platforms.

“Prima facie, there is substance to the petitioner’s grievance that the oversight mechanism to control the media by the Government may rob the media of its independence…” the bench had noted.

Monday’s order is the fourth instance of a HC passing such directions. Earlier, the Bombay HC had stayed Rule 9(1) and 9(3), saying they are “manifestly unreasonable and go beyond the IT Act”. A separate bench of the Madras HC as well as the Kerala HC have asked the Centre not to take coercive action.

Rule 9 prescribes a grievance redressal mechanism. Sub-Section 1 establishes a portal to be set up by the Ministry of Information and Technology for receiving complaints. Sub-Section 3 mandates an acknowledgment of every complaint within 24 hours of receipt and referred to the media platform concerned and the IT Ministry for record.

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