Question

Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 have superseded the 2011 Rules. In the Rules, 2021, the requirement of publication of rules and regulations, privacy policy and user agreements which stipulate that no user shall post information which would contravene any law in force has been retained. Which of the following decisions of the Supreme Court of India has now been embodied in these Rules ?

• A. Ranjit Udeshi v. State of Maharashtra, AIR 1965 SC 881
• B. S. Rangarajan v. P. Jagjivan, (1989) 2 SCC 574
• C. Shreya Singhal v. Union of India, AIR 2016 SC 1523
• D. Aveek Sarkar v. State of West Bengal, (2014) 4 SCC 257

Answer 1

The Correct Option is C

In the context of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, we are tasked with identifying which Supreme Court decision is embodied within these rules. The 2021 Rules, like the preceding 2011 Rules, require intermediaries to publish rules, regulations, privacy policies, and user agreements that restrict users from posting information contravening laws.

The relevant Supreme Court decision here is Shreya Singhal v. Union of India, AIR 2016 SC 1523. This ruling is significant primarily because it struck down Section 66A of the IT Act, 2000, which allowed placing restrictions on online speech, for being unconstitutional. The court primarily focused on free speech and due process rights under Article 19(1)(a) and 21 of the Constitution. In addressing the requirements for intermediaries, the ruling emphasized the need for adherence to lawful restrictions, thus aligning with the requirements imposed by the new IT Rules, 2021.