IT Rules Lack Teeth: Supreme Court of India

by Abha Kashyap Managing Patner

The Hon'ble Supreme Court in the matter of Aparna Purohit vs. State of Uttar Pradesh, popularly known as the "Tandav Web Series Case" took into consideration the issue of the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 which were notified on 25.02.2021.

The Apex Court observed that the rules lack substantial holding and that they are mere guidelines issued by the Central government. There is no effective mechanism and proper action mentioned in the rules such as punishment or fine which can be taken against the violators of these rules. Consequently, the Solicitor General, Mr. Tushar Mehta requested the bench for some time so that the government can come up with appropriate legislation and regulation as suggested by the Hon'ble Court. It was contented by the Solicitor General that the new rules have been introduced for the self-regulation of such platforms and digital content.

The Bench observed that the new rules and guidelines for OTT Platforms "lack teeth" to control the content published and to punish the violators and hence, the government shall come up with such regulations in the rules as the screening of content on OTT platforms is much required.

Originally posted on www.kpalegal.com on 6th March 2021