There was a case against the new IT Rules pertaining to the code of ethics for publishers of online content. The Bombay HC stayed Rule 9(1) and Rule 9(3) of the IT (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021.

Rule 9(1) says a publisher shall observe and adhere to the code of ethics and norms of conduct for journalists under the Press Council guidelines and Cable TV Code.

Rule 9(3) sets out a 3-tier structure to deal with complaints against publishers. First tier is self-regulation by publishers. Second tier is by self-regulation through a body of publishers. Third tier is an oversight mechanism by Centre.

The HC is of the opinion that such compulsory adherence to code of ethics is in the breach of the right to free speech guaranteed under Article 19 of the Constitution.

As such, the HC says further, clause 9 goes beyond the scope of the IT Act itself.

The Court allowed clause 14 and 16 of the IT Rules that deal with the formation of an Interministerial Committee and blocking of content in certain situations.

The HC has not stayed Rule 9(2) which says the publishers who contravene or violate any other law can be proceeded against under the law.