'New IT rules tend to quell creative process': TM Krishna moves Madras HC

TM Krishna. File Pic

The Madras High Court has issued a notice to the Government of India and given 3 weeks to file a counter affidavit on a plea filed by Carnatic musician and activist, TM Krishna, against the new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, as per the Internet Freedom Foundation (IFF).

The IFF filed a writ petition on behalf of Krishna, as per a post on their official instagram page.

"Without privacy it's impossible to create and perform…privacy is linked to our freedom of expression. Our constitution contains a commitment to the liberty of imagination. Censorship sans reason offends this commitment," said Krishna in his challenge against the IT rules.

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"IT rules create a chilling effect and tend to altogether quell the creative process. Without the protection of privacy it is impossible for an artist to perform freely," he added.

The petition challenges the IT rules on five grounds - violation of freedom of speech under Article 19 (1) (a), violation of freedom to practice any profession under Article 19 (1) (g), violation of fundamental right to privacy under Article 21, the rules are arbitrary and suffer from excessive delegation, violating article 14; the rules are ultra viresthe Information Technology Act, 2000.