Delhi High Court issues notice to Twitter over non-compliance of new IT rules

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NEW DELHI: The Delhi High Court on Monday issued a notice to micro-blogging platform Twitter over non-compliance of the Centre new digital rules for social media firms.

The excessive court docket handed its order in response to a plea filed in opposition to Twitter Inc for alleged non-compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

In its order, the excessive court docket stated that Twitter has to adjust to the new IT rules for digital media in the event that they haven’t been stayed. During the listening to, Twitter Inc knowledgeable the excessive court docket that it has complied with IT rules, however the Centre opposed its declare.

The High Court additionally sought Centre, Twitter’s stand on plea to guarantee compliance of IT rules by the social media platform.

The plea has been moved by advocate Amit Acharya by which he had urged the High Court to difficulty path to the Centre to cross mandatory instruction to Twitter India and Twitter Inc to appoint resident grievance officer beneath Rule 4 of the Information Technology (Intermediary Guidelines and Digital Ethics Code) Rules 2021 with none delay.

The plea contended that Twitter is a “Significant Social Media Intermediary” (SSMI) as laid down beneath the IT Rules, 2021 and due to this fact should guarantee compliance with the statutory duties imposed upon it by the provisions of these rules. 

The plea contended that in a nutshell, each important social media middleman has the accountability not solely to appoint a resident grievance officer who will act as single level authority for receiving and disposing of complaints inside a set time however may even obtain and acknowledge any order, notice and path issued by the competent authorities.

“It is pertinent to mention that Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 has come into force from February 25, and Respondent No. 1 (Centre) had given 3 months to every SSMI to comply with these Rules and these three months period got over on May 25. but Respondent No. 2 and 3 has separately & jointly failed to appoint any Resident Grievance Officer to redress the complaints of its users with regard to the violation of the provisions of the aforesaid Rules”, stated the plea.

The petitioner claimed whereas “scrolling his Twitter on May 26, 2021,” he discovered allegedly “defamatory, false and untrue tweets” by two people. The plea contended that as per the rules, the petitioner tried to search for the resident grievance officer to lodge a criticism, nonetheless, he discovered no particulars. The plea argued that it is a clear violation of Sub-Rule 2(a) of Rule 3 which says that the middleman shall prominently publish on its web site, mobile-based utility or each, because the case could also be, the identify of the grievance officer and his contact particulars. The petitioner claimed he has been disadvantaged of his statutory proper to lodge a criticism earlier than the involved officer.

The plea urged the court docket to difficulty path in opposition to Centre and Twitter to discharge their government, statutory and all different obligations in relation to Information Technology (Intermediary Guidelines and Digital Ethics Code) Rules 2021 with none delay.

Twitter had raised considerations over the ‘potential risk’ to freedom of speech and the new IT rules have components that inhibit free dialog. The Centre on Thursday hit again onerous at Twitter’s, saying that the US-based microblogging platform is attempting to dictate its phrases in India, and in addition needs to undermine the nation’s authorized system.

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