The Supreme Court on Friday redirected all petitions contesting the Information Technology (Guidelines for intermediaries and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) to the Delhi High Court. These petitions, previously spread across various High Courts in the country, will now find their center of adjudication in the capital.

The decision, rendered by a Bench of Justices Sanjiv Khanna and Dipankar Datta, seeks to streamline the legal proceedings surrounding the contentious IT Rules, 2021. These rules, implemented by the Central government in February 2021, aim to govern the operations of online media platforms, publishers, OTT (Over-the-Top) platforms, and social media intermediaries.

With several High Courts grappling with petitions challenging different aspects of the IT Rules, the Supreme Court's directive aims to consolidate the litigation process. This transfer encompasses cases where interim reliefs were granted by various High Courts, adding uniformity to the legal landscape concerning the IT Rules.

Among the notable interim orders issued by High Courts, the Bombay High Court's partial stay on Rule 9(1) and (3), focusing on adherence to a Code of Ethics and a grievance redressal mechanism for online content publishers, stands out. 

Similarly, the Madras High Court's decision to subject actions under Rules 3 and 7 of the IT Rules to ongoing petitions, along with the Kerala High Court's grant of interim protection to the News Broadcasters Association, underscore the multifaceted legal challenges facing the IT Rules.

The Supreme Court's intervention comes amidst a backdrop of divergent interpretations and concerns regarding the impact of the IT Rules on freedom of speech and expression. While the Central government has asserted that the Rules do not impede such freedoms, petitioners have raised apprehensions, prompting legal scrutiny across various judicial forums.

By centralizing the adjudication process in the Delhi High Court, the Supreme Court aims to facilitate a comprehensive examination of the legal issues at hand. Additionally, the Central government has been accorded the liberty to challenge any interim reliefs granted by different High Courts, further ensuring coherence in the legal proceedings.

Case: Union of India vs. News Broadcasters Association and ors.