According to the India Today report, the News Broadcasters Association (NBA), in a fresh petition, has approached the Kerala High Court to challenge the new Information Technology rules, 2021. It is asserted that the new IT rules overstep the freedom of speech and expression of the media laid down under Article 19 (1) (a) of the Constitution.
The fresh petition filed by the News Broadcaster Association (NBA) notifies that the new Rules provide the government authorities with excessive power to unreasonably and impermissibly restrict the media and its rights. Furthermore, the rule establishes an oversight mechanism that gives the Executive unrestricted power to regulate digital news content. Along with this oversight mechanism, the executive has made its way into the domain of the Judiciary and bestowed itself with the powers reserved exclusively for the Judges.
Through the Petition, the news broadcaster stated that by the virtue of the new rules, a ‘statutory flavor’ has been given to the ‘self-regulating’ mechanism of the media. For a ‘joint secretary’ to sit over the orders of a retired High Court or a Supreme Court Judge would compromise the quasi-judicial process.
This fresh petition laid before the Kerala High Court becomes one among the several petitions filed in the High Courts of States across the country by a digital media organization that questions the validity of the rules.
As per latest reports, the Kerala High Court stood by the News Broadcasters Association (NBA) and ordered that no coercive action should be taken for not abiding the new IT Rules for now.
This petition follows after the Center approaches the Supreme Court filing a transfer plea for all the pending cases in the High Courts regarding the new IT rules. The Center demanded a consolidated hearing in the Supreme Court. However, the transfer plea is yet to be taken up for hearing.
