MANMOHAN, ACJ : (ORAL) CM APPL. 20091/2024 (for exemption) Allowed, subject to all just exceptions.

Accordingly, the present application stands disposed of.

W.P.(C) 4912/2024 & CM APPL. 20090/2024

1. Present writ petition has been filed seeking a declaration that Rule 3(1)(c) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 is unconstitutional and/or that it be read down in a manner that is consistent with the intent and object of Section 79 of the Information Technology Act, 2000, Section 52 of the Copyright Act, 1957 and Articles 14, 19 and 21 of the Constitution. The petitioners are aggrieved by suspension of petitioner no. 1’s Instagram account created for its magazine Harper’s Bazaar India i.e.,"@bazaarindia" based on third-party copyright complaints.

2. Learned counsel for the petitioners contends that impugned action has been undertaken without following any safeguards as provided for the takedown under Rule 4(8) of unlawful/infringing content specifically identified to be unlawful or infringing under Rule 3(1)(b) of the IT Rules.

He states that restricting or terminating the petitioner no. 1’s access to the platfo