tl;dr
Delhi High Court has commenced hearing the batch of petitions challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules, 2021”). These cases were transferred from the Supreme Court following the Transfer Petitions filed by the Union of India. On November 11, 2024, the Court listed the matter before the Registrar for completion of pleadings and directed the nodal counsel to circulate the copies of pleadings among the parties. IFF is providing legal assistance to the legal reporting platform LiveLaw and Carnatic classical vocalist Mr. T.M. Krishna. The next date of hearing is January 13, 2025.
Why should you care?
On February 25, 2021, the Ministry of Electronics and Information Technology and the Ministry of Information and Broadcasting introduced the IT Rules, 2021. These rules expand government control over social media platforms, raising concerns about censorship, privacy, and freedom of expression.
Background
Following the government's notification of the IT Rules, 2021, on February 25, 2021, at least 22 separate challenges were filed in various High Courts across India challenging their constitutionality. IFF is assisting the legal reporting platform LiveLaw and Carnatic classical vocalist Mr. T.M. Krishna.
The Kerala High Court, in response to LiveLaw's petition, stayed the operation of Part III of the IT Rules, 2021, as it applied to LiveLaw. Similarly, the Madras High Court, acting on a petition by Mr. T.M. Krishna, stayed Rules 9(1) and 9(3) of the IT Rules, 2021, while making actions under Rules 3 and 7 contingent on its final decision.
The Union of India sought to consolidate these challenges through Transfer Petitions before the Supreme Court. On May 9, 2022, a Bench led by Justices A.M. Khanwilkar and Abhay S. Oka stayed proceedings across High Courts except for interim protections. On March 22, 2024, a Division Bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra transferred all petitions to the Delhi High Court at the Union's request.
The Delhi High Court Hears the Challenge
On August 14, 2024, the Delhi High Court's Division Bench, led by Chief Justice Manmohan and Justice Tushar Rao Gedela, directed the segregation of challenges to the IT Rules, 2021, by issue. Mr. Shashank Mishra and Mr. Kirtiman Singh were appointed as nodal counsels for coordination.
On October 14, 2024, the Court directed that proceedings be divided into two categories: challenges to Part II (Due Diligence by Intermediaries and Grievance Redressal Mechanism) and challenges to Part III (Code of Ethics and Procedure and Safeguards in Relation to Digital Media) of the Rules.
On November 11, 2024, the Court noted that certain Petitioners had not received the Counter Affidavit, and some related matters were still pending transfer. The case is listed before the Registrar on December 12, 2024, for completion of pleadings. The Court also directed all parties to submit their pleadings to the nodal counsel for circulation among parties.
The next date of hearing before the Delhi High Court is January 13, 2025.
We are incredibly grateful to LiveLaw and Mr. T.M. Krishna for allowing us to assist them in these crucial matters that affect press freedom and free speech.
We are also grateful to IFF’s legal team, Advocates Apar Gupta, Vrinda Bhandari, Gautam Bhatia, Abhinav Sekhri, and Gayatri Malhotra, along with IFF fellows Medha Garg and Rubayya Tasneem, and Advocates Anandita Rana and Pragya Barsaiyan. We will keep you updated on what happens next!
Important documents