The Supreme Court quashed a batch of petitions on Wednesday, challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and Cable Television Network (Amendment) 2021.
The petitions were rejected by a Bench comprising Justice A.M. Khanwilkar, Justice Abhay S. Oka, and Justice J.B. Pardiwala, after the Counsel informed the Court that the rules sought to be drafted and implemented in the plea have been implemented.
Seeking formulation of appropriate gender-neutral law against revenge porn, impersonation, and morphing on the internet, the petitions challenged the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
The Apex Court further permitted the plea filed by Skand Bajpai to be withdrawn with the liberty to file an amended petition as the plea was filed before the introduction of IT Rules.
Appearing in person, Bajpai submitted before the bench that there have been several instances, wherein several child sexually abusive material has been sold on the internet.
Justice Khanwilkar responded by saying that in this petition, the newly-framed IT Rules have not been challenged and the plea has been filed before the introduction of new IT Rules. Hence, the petition needs amendments.
In a similar matter filed by Amol Palekar, Solicitor General Tushar Mehta informed the bench that the PIL challenged the validity of the 2021 IT Rules, hence, this needs to be heard. However, SG Mehta further informed the bench that a grievance redressal mechanism has been introduced.
While saying that it will go through the Rules once, the Apex Court listed the matter for further hearing on July 27, along with the Cable TV Rules.
The Court had earlier asked Solicitor General Tushar Mehta or someone from his office to prepare a chart of cases involving:
“1. Challenge to IT Rules
- Challenge to Cable TV rules
- Petitions seeking directions over IT Rules.
- Other set of cases involving instances of Hate Speeches and Hate Crime.”
The plea filed by Skand Bajpai sought following directions to the Government to undertake efficient actions in regard with:
a) Regulation of age regarding access to social media,
b) Uprooting of fake profiles and catfish accounts by devising a profile verification mechanism,
c) Elimination of illicit content surfacing over the social media and devising a mechanism to prevent such content in future,
d) Upgradation of education policy for inclusion of efficient mandatory adolescent sex education along with introduction of subject for educating individuals about their conduct on social media with associated risks and safety features and
e) Formulation of appropriate law against revenge porn, impersonation and morphing on the internet.
Bajpai’s petition alleged that people have been purchasing, selling and transmitting private graphic information, rape videos and CSAM of unidentified people on social media platforms in exchange for money, received by way of e-wallets and UPI transactions.