SC stays proceedings before HCs on pleas challenging IT rules

New Delhi: The Supreme Court on Monday stayed the further proceedings pending before the High Courts across the country on petitions challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) and the Cable TV Networks (Amendment) Rules 2021. A bench of Justices AM Khanwilkar and Abhay S Oka […]

New Delhi: The Supreme Court on Monday stayed the further proceedings pending before the High Courts across the country on petitions challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) and the Cable TV Networks (Amendment) Rules 2021.

A bench of Justices AM Khanwilkar and Abhay S Oka also issued a notice in the transfer petitions filed by the Central government seeking the transfer of the petitions from various High Courts to the apex court.

The bench however said that it is not interfering with the interim orders passed by the High Courts at this juncture and that it is issuing notice on the stay applications. The bench now posted the matters for hearing on May 19.

Solicitor General Tushar Mehta appearing for the Centre told the bench that the government has already filed a petition to transfer all such matters to the top court and sought a stay on High Courts proceedings.

“Issue notice in all cases where notice is pending. Returnable on May 19. We direct stay of further proceedings pending before the High Courts in the respective cases or to be filed hereafter until the next date of hearing involving a challenge to IT rules or cable TV amendment rules which are subject matter of proceedings in this set of cases,” the bench stated in its order.

The top court, however, refused to interfere with the interim orders passed by the High Courts and also issued notice on the Centre’s plea to stay the proceedings before the High Courts.

Several High Courts including High Courts of Delhi, Kerala, Bombay and Madras have passed interim orders on the petitions challenging IT Rules 2021.

The court also asked the Solicitor General Tushar Mehta to prepare a chart and categorize the cases pending before it so that similar matters can be heard together.

The bench asked Solicitor General to categorize the cases in challenge to IT rules, challenge to cable TV amendment rules, and cases related to hate crimes and hate speech.

Since the IT rules have now come into force, the petitions seeking directions to regulate online media and OTT content may not survive for further consideration, the bench noted.

Supreme Court has been seized with various petitions challenging IT rules, Cable TV amendment rules, pleas seeking regulation and functioning of Over-the-top (OTT) platforms and pleas against hate speeches and crime.