Delhi HC expresses displeasure over non-compliance of IT Rules by Twitter
The Delhi High Court Wednesday expressed displeasure over Twitter Inc appointing a “contingent worker” as Chief Compliance Officer (CCO) and mentioned the microblogging platform was non-compliant with the brand new Information Technology (IT) Rules.
Justice Rekha Palli famous that whereas the foundations mandated appointment of a key managerial individual or a senior worker as CCO, Twitter disclosed in its affidavit that it had appointed a “contingent worker” by a 3rd social gathering contractor.
“He (CCO) is categorical (in his affidavit) that he is not an employee. This itself is in the teeth of the rule. There has to be some seriousness about the rule. Some sanctity has to be given,” the court docket remarked.
The court docket added that it had reservations with respect to the utilization of the time period “contingent worker” by Twitter particularly when it was not recognized who the third social gathering contractor was.
“What is this contingent worker? I don’t know what it would mean. I have a problem with the word. Contingent then third party contractor! What is this? I am not happy with the affidavit,” the decide advised Twitter.
The court docket mentioned Twitter’s affidavit was unacceptable and requested it to adjust to the foundations whole-heartedly.
“File a better affidavit. This is not acceptable. I’m giving you a long rope but don’t expect the court to do it on and on. Disclose the name of the third party contractor and explain contingent,” the court docket mentioned because it granted per week’s time to Twitter to file the brand new affidavit.
The court docket additional directed Twitter to not solely disclose all the main points pertaining to the appointment of the CCO in addition to the Resident Grievance Officer (RGO) but in addition make clear as to why a Nodal Contact Person had not been appointed but and by when the place can be crammed.
The Information Technology (Intermediary Guidelines and Digital Ethics Code) Rules, 2021 search to control dissemination and publication of content material in cyber area, together with social media platforms, and have been notified in February by the central authorities.
Pursuant to the final order, Twitter Inc filed an affidavit earlier than court docket, informing that it has appointed a resident of India as CCO, efficient July 6.
Senior advocate Sajan Poovayya, representing Twitter, acknowledged that whereas the CCO was a contingent employee, appointed by way of third social gathering contractor, he has undertaken to carry out all features and obligations underneath the IT Rules.
Usage of the time period contingent employee was on account of “structure of employment” and the truth that Twitter Inc didn’t have a liaison workplace in India, Poovayya mentioned as he added that the platform would now not appoint “interim” officers to the posts.
It was reiterated that the method for establishing a liaison workplace on ongoing.
The individual appointed as CCO would additionally act because the RGO, efficient July 7, Poovayya mentioned.
In the affidavit, Twitter has acknowledged that whereas one Vinay Prakash has been appointed to the 2 positions as contingent employee by way of third social gathering contractor, it “has posted publicly a job announcement” for CCO and RGO as “direct employee” and that it “will make endeavour in good faith to make an offer of employment to a qualified candidate who is resident in India to fill this position in 8 weeks”.
Poovayya additional submitted that the Nodal Contact Person was but to be appointed and sought two weeks from the court docket for the appointment.
“I don’t know what you want to do. If you want to (comply with the rules), do it whole-heartedly,” the decide responded.
Additional Solicitor General Chetan Sharma, showing for the Central authorities, argued that Twitter was performing in “abject non-compliance of the rules” because the CCO must be an worker of the social media middleman and never a contingent employee.
“It has been months. You can’t have it so easy. We hold our hands because we are before your lordship,” ASG Sharma mentioned.
Advocate G Tushar Rao, showing for petitioner-lawyer Amit Acharya, objected to the appointment of the identical individual as CCO and RGO and mentioned that for the reason that roles have been completely different, the identical individual couldn’t maintain the 2 positions.
Poovayya responded that there was no bar on appointment of the identical individual as CCO and GRO within the guidelines.
Acharya, in his petition, claimed that he got here to know concerning the alleged non-compliance of IT Rules by Twitter when he tried to lodge a grievance in opposition to a pair of tweets.
Twice earlier than, on July 6 and July 8, the court docket had granted time to Twitter to file an affidavit to indicate compliance with the IT Rules.
The Centre had mentioned in its affidavit that Twitter didn’t adjust to India’s new IT Rules, which might result in its shedding immunity conferred underneath the IT Act.
The matter could be heard subsequent on August 6.
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