Livelaw files a plea before the Kerala high court on the day of Wednesday; challenging the constitutionality of the new information technology ( guidelines for intermediaries and digital media ethics code ) rules 2021. The Centre notifies the rules on February 25th in the official gazette.
Livelaw challenges the validity on the grounds that; it imposes vague, disproportionate, and arbitrary restrictions; on the social media platform and the digital media working as a news agency.
Livelaw is an online legal news website that provides the latest news from the law field all across the nation. They challenge the rules on the contention that it is violative of Article 13,14,19(1 ) (a),( g), and Article 21 of the supreme law of land I.e the constitution of India. Livelaw also contends that the rules are also ultra-vires to its parent act I.e Information Technology Act.
The name of all the petitioners is Manu Sebastian and M.A Rashid managing editor and founder & chief editor of live law.
Advocate Santosh Mathew represents the petitioner’s side. And presents that the parent act of information technology does not confer; any power to the central government to make any such rule and to govern the digital media platform. Where the central government contends that; the power of making such rules is derived out from the purview of sections 69 A and 69 B of the Parent IT act. After hearing both the contentions; the Kerala high court issues a notice to the central government and warns them not to take any coercive action against the petitioner in reference to the provisions envisaged in part 3 of the IT rule.
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