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 worked as the editor of news channels "IBN Lokmat" and "Maharashtra-1". He has hosted talk shows for various television channels and is a socio-political commentator and published more than 100 books.

4. Mr.Khambata, learned senior counsel for the petitioners in the first petition and Mr.Nevagi, learned counsel for the petitioner in the second petition have made extensive submissions in support of the interim prayers as made in the two petitions. It is their submission that the 2021 rules are ex-facie draconian, arbitrary and patently ultra vires the provisions of the IT Act and the provisions of Articles 14, 19(1)(a) and 19(1)(g) of the Constitution, which guarantees fundamental rights to the petitioners.

5. The 2021 rules were notified on February 25, 2021. They are framed in exercise of powers conferred by sub-section (1) and clauses (z) and (z)(

6. g) of sub-section (2) of section 87 of the IT Act in super-session of Information Technology (Intermediaries Guidelines) Rules, 2011. Rule 2 of the 2021 Rules is the definition clause providing for definitions of the various terms as used in the rules which are from clauses 1(a) to 1(y). The definitions relevant in the context of the present proceedings read thus:-

"2. Definitions (l) 'Ministry' means, for the purpose of Part II of these rules unless specified otherwise, the Ministry of Electronics and Information Technology, Government of India, and for the purpose of Part III of these rules, the Ministry of Information and Broadcasting, Government of India;

(n) 'newspaper' means a periodical of loosely folded sheets usually printed on newsprint and brought out daily or at least once in a week, containing information on current events, public news or comments on public news;

(q) 'online curated content' means any curated catalogue of audio-visual content, other than news and current affairs content, which is owned by, licensed to or contracted to be transmitted by a publisher of online curated content, and made available on demand, including but not limited through subscription, over the internet or computer networks, and includes films, audio visual programmes, documentaries, television programmes, serials, podcasts and other such content;

(s) 'publisher' means a publisher of news and current affairs content or a publisher of online curated content;

(t) 'publisher of news and current affairs content' means an online paper, news portal, news aggregator, news agency and such other entity called by whatever name, which is functionally similar to publishers of news and current affairs content but shall not include newspapers, replica e-papers of the newspaper and any individual or user who is not transmitting content in the course of systematic business, professional or commercial activity;

(u) 'publishe