IT Rules 2021: Bombay HC Grants An Interim Stay On 'Code Of Ethics' For Digital Media

1. INTRODUCTION

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules 2021") framed under the Information Technology Act, 2000 ("IT Act") came into force on February 25, 2021. The IT Rules 2021 supersede the Information Technology (Intermediaries Guidelines) Rules, 2011 ("2011 Rules"), and in addition to expanding the due diligence requirements for the intermediaries, they have also introduced a 'Code of Ethics' ("Code") and a grievance redressal mechanism for online news and current affairs publishers and publishers of online curated content. The Bombay High Court has granted an interim stay on those provisions of the IT Rules 2021 which mandated adherence to the Code by these publishers¹, and provided for a three-tier structure to ensure observance of the Code by them².