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2021 Supreme(Bom) 1254

DIPANKAR DATTA, G.S.KULKARNI
Agij Promotion Of Nineteenonea Media Pvt. Ltd. – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Darius Khambata, Advocate, Mihir Desai, Advocate, Karan Rukhana, Advocate, Ammar Faizullabhoy, Advocate, Varun Thomas Mathew, Advocate, Meenaz Kakalia, Advocate, Abhay Nevagi, Advocate, Amit Singh, Advocate, Vivek Patil, Advocate, Anil C.Singh, Advocate, Aditya Thakkar, Advocate, D.P.Singh, Advocate, Smita Thakur, Advocate

JUDGMENT

1. These two petitions mount a challenge to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (for short "the 2021 Rules"), on the ground that they are ultra vires the Information Technology Act, 2000 (for short "the IT Act") and the provisions of Articles 14, 19(1)(a) and 19(1)(g) of the Constitution.

2. Writ Petition (L) no.14172 of 2021 (for short "the first petition") is filed by petitioner no.1 company which owns and operates a digital news web portal known as "The Leaflet". It is stated that Leaflet was started in the year 2018, which has published articles, opinion pieces and reportage pertaining to various social and political issues, including news and current affairs related content. It offers a platform to eminent personalities, renowned journalists, academics, social workers and common citizens to express their views.

3. PIL (L) no.14204 of 2021 (for short "the second petition") is a Public Interest Litigation filed by Shri.Nikhil Mangesh Wagle who is stated to be in the field of journalism since the year 1977. It is stated that he is also part of the print media being the editor of newspaper "Mahanagar". He has also

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