The new amendments to the Information Technology Act are paradoxical. While the industry is pushing for a self-regulatory body, the government actively chose to be a part of the content moderation of social media platforms.
The Ministry of Electronics and Information Technology (MeitY) has issued draft modifications to the Information Technology Rules, 2021, stating that these would guarantee that the Constitutional rights of Indians are not breached by Big Tech platforms.
The Madras High Court directed the Centre to not take any coercive action against the members of the Indian Broadcasting and Digital Foundation , Sun TV Network and other media platforms which are IBDF member under the IT Rules 2021.
Sub-rules (1) and (3) of Rule 9 lay down adherence to the Code of Ethics which is annexed to the IT Rules, 2021 and provide for a three tier structure for addressing the grievances made in relation to publishers. Madras High Court stayed these sub-rules of Rule 9 under IT Rules, 2021
The petitions seek declaration of IT Rules, 2021, as void and inoperative for being violative of Articles 14, 19(1)(a), 19(1)(g) and 21 of the Constitution, in as much as the said rules apply to the 'publishers of news and current affairs content'