Grievance redressal under IT rules doesn't encroach upon any freedom: Centre

New Delhi: The Centre on Wednesday told the Supreme Court that the grievance redressal mechanism under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, "balances everything' and does not encroach upon any freedom. Solicitor General Tushar Mehta, appearing for the Centre, told a bench headed by Justice A M Khanwilkar that Rule 9 of the 2021 Rules balances equities while maintaining freedom under Article 19 (1) (A) of the Constitution, and users are also given protection.

Mehta told the bench, also comprising Justices A S Oka and J B Pardiwala, that the Bombay High Court had last year stayed the operation of Rule 9 of the 2021 Rules.

"The grievance mechanism…. would satisfy your lordships conscience that it balances everything, and it does not encroach upon any freedom," Mehta said, adding, "Freedom always is with some reasonable restrictions."

"Please see the scheme and Rule 9. This balances equities while maintaining freedom under Article 19 (1)(A). The users are also given protection," he said while seeking a stay on the high court order.

The bench posted the matter for hearing on July 27 and observed that two things can be done on the plea filed by the Centre against the High Court order.

"Either we agree with him and stay the impugned order and the second thing is to transfer the writ petition here," the bench observed.

During the hearing, the apex court also disposed of some petitions, including those seeking directions to the concerned authorities to make a separate law for regulating social media platforms.

The bench noted that Mehta has pointed out that IT Rules 2021 and the Cable Television Networks (Amendment) Rules, 2021 have come into force.

While disposing of these pleas, the bench granted liberty to the petitioner to take recourse to appropriate remedy, if so advised.

In August last year, the Bombay High Court granted an interim stay on the operation of parts of the IT Rules 2021 which require that all online publishers follow a "code of ethics".

On May 9, the apex court stayed further proceedings before the high courts in matters involving challenges to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 or Cable Television Networks (Amendment) Rules,2021 and Ancillary Rules, which are the subject matter of the proceedings before it.

Mehta had earlier told the bench that some high courts have stayed the statutory regulations and the Centre has filed special leave petitions (SLPs) in the top court against those orders.