The Supreme Court on Monday stayed proceedings before various high courts on the batch of petitions challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which allegedly restrict free speech in the country.

A bench of Justice A.M. Khanwilkar and Justice A.S. Oka stayed the proceedings before the high courts of Delhi, Kerala and Bombay on a petition filed by the Centre, seeking transfer of the petitions to the Supreme Court for an authoritative pronouncement.

Various organisations, including digital media houses like The Wire and The Quint and legal portal Live Law, had approached different high courts like Madras, Kerala, Delhi etc on the ground that the IT rules infringe on the media’s and citizens’ right to free speech and expression guaranteed under Article 19 of the Constitution.

The new rules among other things prohibit digital dissemination of any news/views/statement that is tending to be for the following reasons:

⚫ Insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable

⚫ Relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force

⚫ Is harmful to child

⚫ Infringes any patent, trademark, copyright or other proprietary rights

⚫ Violates any law for the time being in force

⚫ Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact

⚫ Impersonates another person

⚫ Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation

⚫ Contains software virus or any other computer code, file or programme designed to interrupt, destroy or limit the functionality of any computer resource

⚫ Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

The top court had earlier issued notice to News Broadcasters Association (NBA) and sought a report from Press Council of India (PCI).