Technology, Media and Telecom

The law should not be used in a manner that has chilling effects on the ‘freedom of speech and expression’, observed the Supreme Court of India in S. Khushboo v. Kanniammal . Based on the same rationale, a petition has been filed by journalists Kishorechandra Wangkemcha and Kanhaiya Lal Shukla (“Petitioners”), for challenging Section 124A of the Indian Penal Code, 1860 (“IPC”) which penalises the crime of ‘sedition’ (“Petition”). ......

The past few years have seen some breath-taking innovation take place across sectors and industries, which have revolutionised the traditional lens with which these industries were once perceived. For instance, in a demonstration of sheer democratisation, the prominent stock exchanges, including the New York Stock Exchange, once thought to be solely the bastion of the intimidating Wall Street steadies, was taken over by regular individuals belonging to the website Reddit. ......

The Government of India, in supersession of the Information Technology (Intermediary Guidelines) Rules, 2011, has notified the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 (hereinafter referred to as the "Rules") under the Information Technology Act, 2000 ("IT Act") on February 25, 2021. ......

The Government of India in supersession of the Information Technology (Intermediary Guidelines) Rules, 2011, has notified the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 (hereinafter referred to as the “Rules”) under the Information Technology Act, 2000 (“IT Act”) on February 25, 2021. ......

On February 25th, 2021, Union Law & IT Minister of India said “There should not be double standards. If an attack is there at Capitol Hill (US Congress), then social media supports police action. But if there is an aggressive attack at Red Fort, the symbol of India’s freedom where the Prime Minister hoists the national flag, you have double standards. ......

The Government of India has liberalized the regulatory framework governing geospatial data, including maps in India through guidelines released by the Department of Science and Technology (“DST”) on February 15, 2021. ......

Lord Macaulay (British Member of Parliament) once called the media “the fourth pillar of democracy”. However, as evident by the Sushant Singh Rajput (“SSR”) media trial of 2020, television media seems to be the judge, jury and executioner of this democracy. ......

On November 09, 2020, the Central Government issued a notification bringing digital/online media platforms under the ambit of the Ministry of Information and Broadcasting ("MIB"). While there exists a legal framework and judicial pronouncements in respect of electronic and print media, there was no equivalent in respect of digital media. ......

Criminal contempt has been recognized as the action of publishing any matter including by words, spoken or written, or by signs, or by visible representations, or otherwise, or any other act which (i) scandalises or tends to or lowers or tends to, the authority of any court; (ii) prejudices or interferes with due course of judicial proceedings; or (iii) interferes or obstructs the administration of justice in any other manner1. Criminal contempt is considered to create distrust in the popular mind and impair the confidence of the people in the courts, hence, the law has been put in place to protect the legitimacy and authority of the court. ......