Why in news
The Supreme Court issued a notice to the Union of India and Ministry of Electronics over rules allowing content blocking without prior notice or fair hearing.
The petition challenges Rules 8 and 9 of the Information Technology Rules, 2009.
Challenged rules
Rule 8 concern: Rules allow blocking content without informing the creator, especially in emergencies.
Rule 9 concern: Rule 9 lets the government block content in emergencies with minimal notice to creators.
The lack of notice, reasoned orders, and grievance procedures leaves creators without legal recourse.
Rule 16 enforces blanket confidentiality on blocking requests, reducing transparency.
Advocate Indira Jaising stressed the need for notice and a fair hearing to protect free speech.
Intermediaries are not obligated to defend creators, as they are protected by Section 79 of the IT Act.
The petition suggests changing "or" to "and" so both creators and intermediaries are notified about blocking actions.
The petition calls for Rule 16 to be struck down as unconstitutional.
COMMENTS