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The Ministry of Information and Broadcasting has in the Bombay High Court opposed the pleas seeking a stay on the implementation of the Centre's new IT rules, saying that it might lead to the spread of "fake news and legally prohibited content."
The Centre said that the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, that several media houses have sought a stay on until the matter is sub judice, are only to create a "level-playing field" between the online and other media.
The Centre's affidavit was filed in reply to a petition filed by AGIJ Promotion Of Nineteenonea Media Pvt Ltd, the company that owns The Leaflet, and a PIL filed by journalist Nikhil Wagle.
The Centre indicated that in order to implement such a stay, it must first be proved that the legislation is unconstitutional.
The Centre told the Bombay High Court that over 97 percent of the digital news media publishers have complied to the rules, including The Leaflet, which is one of the petitioners.
"In respect of the implementation of the Rules, it is submitted that over 1,800 digital media publishers, with over 97% of them being publishers of news and current affairs content, have furnished information to the Ministry of Information & Broadcasting under Rule 18," the ministry said, adding that most of them have established grievance redressal mechanisms in accordance with the provisions of the new rules.
The Centre further said that there was no need of urgency in implementing the stay which is being sought by several petitioners and doing so will only lead to spread of fake news.
"It is also submitted that an interim stay on the implementation or operation of Part-III of the Rules would render the legally established institutional framework for digital media publishers inoperative, leading to an environment of impunity, and concomitant spread of fake news and legally prohibited content," it said.
A Division Bench comprising Chief Justice Dipankar Datta and Justice GS Kulkarni heard the on Monday, after which Additional Solicitor General Anil Singh had sought time for two days to file a short affidavit.
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