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IT Rule: The Delhi High Court’s plea requires a blow to Rules 3 and 4.Center issuance notification

On Thursday, the Delhi High Court sought to withdraw rules 3 and 4 of the 2021 Information Technology (Interim Guidelines and Digital Media Code of Ethics) Regulations for being unconstitutional and violating the 2000 IT Act. We notified the center about the approval or disapproval of the status. ..

Judge DN Patel and Judge Jyoti Singh’s bench on Thursday sought a response from the Dominion of India through the Ministry of Electronics and Information Technology, and was scheduled to hear further on the matter on September 13.

As a social media user, lawyer petitioner Uday Bedi challenges Enforcement Rules 3 and 4 of the 2021 Information Technology (Interim Guidelines and Digital Media Ethics Code) Regulations, which came into force on February 25, 2021. I did.Platforms such as WhatsApp, Instagram, twitter, telegram etc

The petition stated that the petitioner’s fundamental rights guaranteed under Articles 14, 19 and 21 of the 1950 Indian Constitution: freedom of speech and expression and the right to privacy.

The petition changes the petition’s various clients to contact him on social media platforms such as Whatsapp and Telegram, so with the enforcement of Impugned Rules, the social media platform / mediation under Impugned Rules. A view of the deeply spread power that was arbitrarily handed over to the private company that manages the person.

He added that Impugned Rules could be withdrawn because the same thing was done maliciously, ignoring the principles of separation of powers and check-and-balance that exist in democratic government forms.

The accused empowered the private SMI to entertain and act on the complaints received by the private SMI. We have also authorized you to voluntarily remove access to information available on the Platform under the conditions stipulated in Rule 3 (1). (B) and 3 (1) (d) are satisfied.

The ability to keep the petitioner and other users under constant surveillance also has no rational link to the purpose of the IT Act of 2000 and therefore violates Article 14 of the Constitution of India. The IT Act of 2000 does not give the intermediary any drastic authority. Therefore, the rules are beyond the scope of the 2000 IT Act and delegate powers that respondents are not allowed to authorize the rules in IT Act. , 2000, read the petition.

There are several petitions also considered by the High Court of Delhi, which challenge various sections of the newly amended IT rules introduced by the Ministry of Electronics and Information Technology, including numerous digital news portals and personal pleas. ..


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