Bombay HC stays part of IT Rules which mandate code of ethics for digital publishers

The Bombay High Court on Saturday granted an interim stay to the operation of clauses 9 (1) and 9 (3) of the new Information Technology Rules, 2021, which mandate that digital news media and online publishers should adhere to the "Code of Ethics" prescribed by the Rules.

A division bench comprising Chief Justice Dipankar Dutta and Justice GS Kulkarni passed the interim order in the petitions filed by AGIJ Promotion Of Nineteenonea Media Pvt. Ltd , the company that runs the legal news portal 'The Leaflet' and journalist Nikhil Wagle.

The High Court prima facie observed that the said provisions infringe the fundamental right to freedom of speech under Article 19(1)(a) and also go against the substantive provisions of the Information Technology Act 2002.


The HC also refused the Union government's request to stay the order to enable it file an appeal. The court, however, refused to stay clauses 14 and 16 of the IT Rules that deal with the constitution of an inter-ministerial committee and blocking of content in certain situations.

On Friday, the bench had asked the Union government what was the need to introduce the recently notified Information Technology Rules, 2021 without superseding the existing IT rules that came into effect in 2009.

Additional Solicitor General Anil Singh, who appeared for the Union government, had argued that the need to bring in new regulations was felt for checking the spread of fake news.