The Centre Government has inform the Delhi High Court that Twitter has appointed Chief Compliance Officer (CCO), Resident Grievance Officer (RGO), and Nodal Contact Person in compliance with the new IT Rules.
Ministry of Electronics and Information Technology (MEITY) in a affidavit said that Twitter has acknowledge that the personnel (CCO, Nodal Contact Person, and RGO) are appoint as the company’s employees and not as ”contingent workers”.
Twitter has provided the names of the said appointed personnel and their respective positions also.
Twitter has further enclose their employment contracts along with the said affidavit as proof of such appointments.
The court directed the Centre to file a short affidavit in response to Twitter’s affidavit in which the company had shown compliance with IT Rules.
N Samaya Balan, working as Scientist-E in the Cyber Law Group with the MEITY Said :
“I submit that Twitter has appointed the personnel in compliance to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 hereinafter referred as IT Rules, 2021,” .
Justice Rekha Palli who was hearing a petition alleging non-compliance of IT Rules by the Twitter is schedule to hear the matter on 5th October 2021.
Centre’s affidavit further said the IT Rules, 2021 is “a law of the land” and Twitter is “mandatorily require to comply with the IT Rules 2021 in its entirety”.
“Any non-compliance amounts to a breach of the provisions of the IT Rules, 2021 thereby leading to Twitter losing its immunity confer under section 79(I) of the IT Act, 2000.
IT Rules, 2021 States :
“The exemptions conferred on intermediaries under section 79(I) is a conditional exemption subject to the intermediary satisfying the conditions under sections 79(2) and 79(3). Further, as per rule 7, failure to observe the IT Rules, 2021 will result in the non-applicability of Section 79(1) of the IT Act, 2000 to such an intermediary and the intermediary shall become liable for any punishment under any law for the time being in force in respect of the offending content,”
IT Rules, 2021 also mandate that a Significant Social media Intermediary (SSMI) must have a physical contact address in India publish on its public platforms, to receive communications addressed to it.
The Significant Social media Intermediary has to enable a mechanism that provides a unique ticket number for every complaint or grievance, which enables the complainant to track the status of such complaint or grievance as per the rule and Twitter is also responsible to submit compliance reports as mandated in the IT Rules.
The Centre had earlier told the court that Twitter was prima facie in compliance with the new IT Rules by appointing the officers permanently.
Twitter had earlier said the appointed persons will work on a full-time basis and are fully capable of performing the functions in terms of the law.
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