Delhi High Court seeks assurance from Twitter on appointment of officials

The Delhi High Court on Thursday directed Twitter to submit in an affidavit that its ‘interim’ Resident Grievance Officer, Chief Compliance Officer (CCO) and Nodal Contact Officer can be absolutely chargeable for its conduct below the IT Rules, 2021.

Justice Rekha Palli additionally clarified that there’s “no protection granted to Twitter from any action from the government in case of any breach of the IT Rules”.

The course got here after the High Court questioned a brief observe submitted by Twitter detailing the appointment of its interim officers in compliance of Indias new Information Technology (Intermediary Guidelines and Digital Ethics Code) Rules 2021.

‘Where do you say that these interim officers äre going to take all the responsibility of whatever is there under the IT Rules. Tomorrow, you may take the benefit of the word ‘interim’,” Justice Palli said.

Senior advocate Sajjan Poovayya, representing Twitter, said these officers are bound to comply with the Rules. Mr Poovayya sought two weeks’ time to get notarised affidavits from the U.S. relating to their appointment.

Additional Solicitor General Chetan Sharma highlighted Twitter’s brief observe the place the microblogging website mentioned it has engaged the companies of the interim CCO as a contingent employee through a 3rd celebration contractor.

“We want final accountability which is of great certitude. It can’t be left in a halfway house via third party,” Mr Sharma mentioned.

Twitter, in its brief observe, submitted that it has appointed an interim CCO efficient July 6, 2021. Twitter mentioned it has posted publicly a job announcement for a COO, Resident Grievance Officer and Nodal Contact Person as a direct worker and is accepting purposes presently.

In the meantime, Twitter mentioned it’s within the course of of making a suggestion of appointment to a resident of India as its interim Resident Grievance Officer and expects to take action on or earlier than July 11, 2021.

“Twitter intends to engage the services of the interim RGO as a contingent worker via a third party contractor,” it mentioned including, the duties of the Resident Grievance Officer are being carried out by the Grievance Officer, and can proceed to take action till the appointment.

During the listening to, the High Court additionally queried why Twitter doesn’t have a everlasting bodily tackle in India as its brief observe mentioned its interim bodily contact tackle in India was positioned in Bengaluru.

Earlier, the Ministry of Electronics and Information Technology (MeitY) had acknowledged that regardless of three months’ time being granted to all Significant Social Media Intermediaries (SSMIs) to adjust to the Information Technology (IT) Rules 2021, Twitter has failed to totally adjust to the identical.

The Ministry had mentioned Twitter did not adjust to India’s legislation regulating tech corporations rendering their companies as ‘intermediaries’.

In India, Section 79 of the IT Act shields social media platforms or intermediaries similar to Twitter from legal responsibility for any third celebration data, information, or communication hyperlink made out there or hosted by it in sure circumstances.

The Ministry mentioned when an middleman fails to watch the IT Rules, the middleman could possibly be chargeable for any punishment below any legislation in the interim in pressure in respect of the offending content material.

The Ministry’s affidavit got here in response to a petition by advocate Amit Acharya, searching for to nominate a Resident Grievance Officer below Rule 4 of the IT Rules 2021.