TV Today moves Delhi HC against rule permitting intermediaries to block accounts

TV Today has filed a petition with the Delhi High Court, contesting the constitutionality of Rule 3(1) (c) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules).

Nakul Dewan, TV Today’s advocate, argued that the matter revolves around an intermediary's authority to entirely revoke a platform user's account access.

According to a Bar and Bench report, the petition was lodged following the blocking of TV Today's magazine, Harper's Bazaar India (@bazaarindia), on Instagram due to a third-party complaint alleging copyright infringement.

He appeared before a bench comprising acting Chief Justice Manmohan and Justice Manmeet Arora.

TV Today implored the Court to either deem the rule unconstitutional or interpret it in a manner aligned with the Information Technology Act, 2000, Section 52 (fair use) of the Copyright Act, and Articles 14, 19, and 21 of the Constitution of India.

The report stated it was argued that the termination of the social media account constitutes a breach of Articles 14 (right to equality) and 19 (which encompasses freedoms such as freedom of speech and expression, and freedom of trade) of the Constitution.

TV Today contended that Rule 3(1)(c) enables intermediaries to block account access without providing users a fair chance to contest such actions. It was conveyed to the Court that certain ambiguities in the IT Rules are exploited for this purpose.

The rule under scrutiny, namely Rule 3 (1)(c), specifies:

"An intermediary shall periodically inform its users, at least once every year, that in case of non-compliance with rules and regulations, privacy policy or user agreement for access or usage of the computer resource of such intermediary, it has the right to terminate the access or usage rights of the users to the computer resource immediately or remove non-compliant information or both, as the case may be."

The Court subsequently issued a notice on the issue and scheduled further proceedings for May 17.

Meanwhile, the court recommended that TV Today pursue the account block challenge through the appellate authorities established under the IT Rules.

Acting Chief Justice Manmohan advised Dewan, "We require Instagram to be present before us. In the interim, you can seek an interim order from the grievance redressal appellate forum."

The Bar and Bench report mentioned, “Dewan responded by stating that he could file the appeal within a day, yet he urged the Court to instruct the appellate authority to adjudicate the matter promptly.”

The Court acknowledged Dewan's request and instructed the appellate authority to expedite the decision, preferably within two weeks, provided the appeal is lodged by April 5.