News Broadcasters get Kerala HC protection from coercive action for not complying with IT rules

Kochi: The Kerala High Court has ruled in the favour of the News Broadcasters Association (NBA) and said that no coercive action should be taken against them for not following the new IT rules.

The court was addressing the petition filed by the NBA which said that the new rules give the government "excessive power" to "unreasonably and impermissibly restrict" the freedom of speech and expression of the media, reported The Indian Express.

The new IT rules regulate the functioning of online media portals, publishers, OTT platforms, and social media intermediaries. It states that a 'significant social media intermediary' has some additional obligations in comparison to other social media intermediaries.

The NBA stated that the new structure has made "inroads into judicial power and vested itself with powers reserved exclusively for the judiciary and such exercise of power is without jurisdiction".

The NBA in its petition had said that the new rules create an "oversight mechanism giving the executive unfettered, unbridled and excessive powers to regulate the content of digital news media".

The NBA released a statement saying that the Information Technology (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021 violate Article 14 of the Constitution on equality before law and Article 19 on the right to freedom to practice any profession. The association said that the grievance redressal mechanism created and the powers delegated by the new rule have a "chilling effect" on the content of the media.

Justice PB Suresh Kumar said that the respondents shall not take any coercive action against the petitioners for non-compliance with the provisions contained in Part III of the IT rules, said the Bar and Bench report.