Consitutional validity of IT Rules [Sayanti Sengupta Vs. The Union of India and Anr.]

Brief Facts : In June 2021, a Public Interest Litigation (PIL) was filed before the Calcutta High Court by petitioner Sayanti Sengupta, challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The petitioner, represented by Senior Advocate Bikash Ranjan Bhattacharyya and Advocates Saptarshi Banerjee and Jamiruddin Khan, argued that the Rules violate fundamental rights enshrined in the Constitution of India, including the right to privacy and the freedom of speech and expression. The plea contended that the categorization of ‘significant social media intermediaries’ and the discretionary powers granted to the government under Rule 6 could lead to excessive governmental control over digital platforms. A division bench comprising Acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee issued a notice to the Central Government, directing it to file a counter affidavit by July 19, 2021, with the next hearing scheduled for August 4, 2021.