Bombay HC stays provisions of new IT Rules

• Integrity Education, Delhi
• 15, Aug 2021

A Division Bench of Chief Justice Dipankar Datta and Justice G.S. Kulkarni stayed Rule 9(1) and Rule 9(3) of the new IT Rules

Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

• The Rules have been notified under the Information Technology Act, 2000. 
• The Act provides for the regulation of electronic transactions and cybercrime.
• The 2021 Rules replace the Information Technology (Intermediaries Guidelines) Rules, 2011. 

Prohibited Section by Court: Section 9: Observance and adherence to the Code

9(1): A publisher referred to in rule 8 shall observe and adhere to the Code of Ethics

9(3): For ensuring observance and adherence to the Code of Ethics by publishers operating in the territory of India, and for addressing the grievances made in relation to publishers under this Part, there shall be a three-tier structure as under—
(a) Level I - Self-regulation by the publishers
(b) Level II - Self-regulation by the self-regulating bodies of the publishers
(c) Level III - Oversight mechanism by the Central Government.