No coercive action against NBA for non-compliance of new IT Rules: Kerala HC

At the hearing on the petition of the News Broadcasters Association (NBA) today (July 9, 2021), challenging the constitutional validity of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Kerala High Court gave its interim order in favour of NBA.

In its interim order, the Kerala High Court said that no coercive should be taken against NBA for not complying with the new IT Rules 2021. This order comes as a relief for the news broadcasters. Around 24 major news broadcasters are part of NBA.

As reported earlier, NBA in its petition had emphasised that the new IT Rules 2021 give unbridled excessive powers to the government to curtail media’s freedom of speech. The Association argued that these violated Article 14 (Equality before law) and Article 19 (Rights regarding Freedom to practise any profession, or to carry on any occupation, trade or business) of the Constitution.

In a statement issued, the NBA said, “The grievance redressal mechanism created, and the powers delegated have a ‘chilling effect’ on the content of the media. The writ (petition) also states that the executive by creating such a structure, has made inroads into judicial power and vested itself with powers reserved exclusively for the judiciary and such exercise of power is without jurisdiction.”

Several online news publishers across the country have taken legal recourse in different High Courts, challenging the new IT Rules 2021, including, Digital News Publishers Association (DNPA), Quint Digital Media, The Wire, ALT News, The News Minute, The Leaflet, Live Law, among others.

The Government has filed a petition before the Supreme Court, seeking transfer of all cases from several High Courts to Supreme Court. The apex court will hear the Government’s petition in this regard on July 16, 2021.