Not able to issue fresh guidelines on working of news portals: J&K Govt

Srinagar, Oct 15: As all central laws apply directly to Jammu and Kashmir after 2019, the Government of J&K has said that it was not able to issue fresh or further guidelines regarding the working of news portals in the Union Territory.
Secretary to Government and Information Department has divulged it in a compliance/status report submitted before the J&K and Ladakh High Court in a contempt plea.

 “Since the Government of India have already framed detailed rules/framework on the subject in the form of Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 and since the subject is administered by the Government Of India, Ministry of Information & Broadcasting, the Government of Jammu and Kashmir and the J&K Information Department is not able/competent to issue any further regulatory guidelines on the subject,” the compliance report reads.
In June 2022, the High Court of J&K and Ladakh had left it open for the government to take decision with regard to regulating and controlling the social media news channels, networks, pages and portals in Jammu and Kashmir.  

Disposing of the Public Interest litigation (PIL) filed by the Jammu and Kashmir Peoples Forum through its General Secretary M. M. Shuja in 2021, the court had asked the government to consider representation by the NGO with regard to regulating and controlling the social media network and take appropriate action expeditiously. Later, the petitioner filed a contempt of court petition and subsequently the High Court issued notice to authorities.  
The Secretary said after disposal of a Public Interest Litigation in 2022 (PIL) and after receiving the representation of the petitioner of the PIL as directed to him by the High Court, the matter was again taken-up with the Ministry of Information & Broadcasting, Government of India.
As per the comments of the Union Ministry provided vide Office Memorandum dated 31 May this year, the Secretary said, the news portals are required to adhere to the rules of 2021 including the Code of Ethics and the three-tier grievance redressal mechanism provided therein.
Besides, the Secretary said that the Union Ministry of Electronics and Information Technology, vide its communication dated 31 October 2023 have directed that for the purpose of tackling the menace of unlawful content in the online world, a suitable and effective mechanism is to be developed for removal of the unlawful content over the internet (social media platforms, websites, mobile apps, e-commerce websites, ISPs etc.) in a timely way.  
In 2021, Jammu and Kashmir Peoples Forum had filed the PIL, seeking directions to the government to designate a regulatory authority for grant of permission to the social media news channels, networks, pages and portals.
It had also sought a direction not to allow any social media news network, agency, page or portal to function without proper license and permission.
In the PIL the Forum had submitted that every person by “hanging a camera and holding a mike poses himself as a journalist irrespective of the fact whether he is authorized and permitted to work as journalist.”