Brief facts: Since the introduction of the IT Rules, 2021, numerous petitions have been filed across multiple High Courts, including those in Bombay, Kerala, Madras, and Delhi, with petitioners challenging the constitutionality of these rules. The Union government filed a transfer petition in the Supreme Court to consolidate all cases before a single forum to prevent conflicting judgments. On March 22, 2024, the Supreme Court accepted the Union’s request and transferred the petitions to the Delhi High Court, which already had several cases related to the rules pending.
The Union government argued that centralised adjudication would ensure consistency, as the same set of rules applied nationwide. Their key concerns revolve around privacy breaches, including the weakening of end-to-end encryption and the impact of the rules on the safe harbour protections of intermediaries.
Hearing Update on 14.08.2024: On August 14, 2024, the Delhi High Court made crucial procedural decisions to ensure that the large volume of cases would be managed effectively. The court ordered the segregation of issues into distinct categories, reflecting the different aspects of the rules under challenge. This structured approach will allow the court to address each set of issues methodically, preventing overlap and confusion. The court appointed Advocate Shashank Mishra as the nodal counsel for the petitioners and Kirtiman Singh for the respondents, facilitating smooth coordination among multiple parties and counsel teams.
The court also mandated that all pleadings and written submissions be completed within four weeks to expedite the process. This timeline reflects the urgency of resolving the challenges to these rules, given their significant implications for online speech and privacy. Segregation and appointment of nodal counsels demonstrate the court’s intent to streamline the process and provide clear directions for the parties involved.
Hearing Update on 14.10.2024: During the October 14, 2024, hearing, the Delhi High Court reached a consensus with all counsels involved to bifurcate the proceedings. The court decided to hear challenges in two stages: first, the petitions related to Part III of the IT Rules, 2021, followed by those concerning Part II. Part III, focusing on digital news media and OTT platforms, raises concerns about excessive government oversight and the suppression of press freedom, while Part II involves content moderation and privacy issues concerning intermediaries like social media platforms.
The bifurcation ensures that each aspect of the rules receives focused judicial attention. The decision underscores the complexity of the challenges, which touch on both individual privacy rights and the broader issue of government control over digital platforms. With all pleadings now concluded and written submissions filed, the upcoming arguments will likely shape the future of India’s digital regulatory framework and determine the balance between state interests and constitutional freedoms.
Important Documents (Link Attached)
- List of Petitions Challenging the Information Technology (Intermediary Guidelines & Digital Ethics Code) Rules, 2021
- Status of Petitions Challenging the Information Technology (Intermediary Guidelines & Digital Ethics Code) Rules, 2021
- Order Dated 22.03.2024
- Order Dated 14.08.2024
- Order Dated 14.10.2024
