SUMMARY
As per the the affidavit filed by Twitter India, it has appointed chief compliance-cum-grievance officer and a nodal contact person on August 4
AGS Chetan Sharma said that Twitter seems to have complied in terms of appointments but needs to be checked
Next hearing is scheduled for August 10, 2021
Micro-blogging platform Twitter has finally appointed a permanent chief compliance officer, a grievance officer and nodal contact person to comply with the Intermediary Guidelines and Digital Media Ethics Code, Rules 2021, that came into effect on May 25, 2021. During a hearing in Delhi High Court, senior advocate Sajan Poovayya appearing for Twitter India said that the micro-blogging firm has permanently appointed chief compliance officer and a grievance officer as one person and a separate nodal contact person on August 4, 2021.
Attorney general secretary Chetan Sharma appearing for the central government has said that Twitter India seems to have complied with the newly enacted guidelines but need to be checked.
The single bench headed by justice Rekha Palli has asked ASG Sharma to go through the affidavit filed by Twitter and inform the court whether Twitter has complied with the IT guidelines. The next hearing is scheduled for August 10, 2021.
The matter of event is Twitter’s reluctance to follow the Intermediary Guidelines and Digital Media Ethics Code, Rules 2021. Last month justice Rekha Palli had rapped Twitter India for not following the Centre’s guidelines. As per the Live Law report, justice Palli said, “I don’t know what your company wants to do. If you want to do it, comply wholeheartedly.” Her remarks came after Poovayaa submitted two affidavits mentioning that the company has appointed Chief Compliance Officer and Grievance Officer as ‘contingent workers’. The court objected to the term contingent and sought why nodal compliance officer was not appointed yet. The court had given a week’s time to file a better affidavit.
The Ministry of Electronics and Information Technology had enacted Intermediary Guidelines and Digital Media Ethics Code, Rules 2021 on May 25, 2021 three months after drafting it. All social media intermediaries with or more than 5 Mn users in India have to comply with the guidelines. Apart from appointing chief grievance officer, chief compliance officer and a nodal contact person, the social media companies upon receiving a court order or instructions received from any government agency shall not host unlawful content to the interest of the sovereignty and integrity of India.
If such a content piece is already live on the platform then the social media intermediaries have to remove it from the platform within 36 hours of the receipt of the court order or instruction received from the government agency. Jack Dorsey-led Twitter has been at a receiving end from the Indian government for failing to comply with the IT guidelines.
Over the course of last month, Twitter had appointed Dharmendra Chatur as an interim resident officer, who later quit within days. Following this, the micro-blogging platform appointed California-based legal policy director – Jeremy Kessel. However, the new IT guidelines clearly mandates that all the three appointees should be a permanent resident of India. On July 11, Twitter appointed Vinay Prakash as its resident grievance officer.
Inc42 has reached out to Poovayaa to know the name of the appointees. We shall be updating the story once we receive the details.
