The Center informed the Delhi High Court that Twitter has appointed a Compliance Officer (CCO), a Resident Grievance Officer (RGO) and a Nodal Contact Person in accordance with the new IT rules.
The Department of Electronics and Information Technology (MEITY), in a brief affidavit, said Twitter acknowledged that staff (CCO, Node Contact Person and RGO) were appointed as employees of the company and not as “casual workers”.
Twitter provided the names of said appointed staff members and their respective positions as well.
The said affidavit (from Twitter) mentions their start date of employment as August 4, 2021. Twitter further attached their employment contracts with the said affidavit as proof of these appointments, ”the ministry said.
On August 10, the court ordered the Center to file a brief affidavit in response to Twitter’s affidavit in which the company demonstrated that it was complying with computer rules.
“I submit that Twitter has appointed staff in accordance with IT Rules (Intermediate Guidelines and Code of Ethics for Digital Media), 2021, hereinafter referred to as IT Rules, 2021”, N Samaya Balan, working as as Scientist-E in the Cyber Law group. with the MEITY, says in the affidavit.
Judge Rekha Palli, who has heard a petition alleging computer rules violation by the US-based microblogging site, is due to hear the case on October 5.
The Centre’s affidavit further states that the 2021 IT Rules are “a law of the land” and Twitter is “required to comply with the 2021 IT Rules in their entirety.”
“Any non-compliance constitutes a violation of the provisions of the IT rules of 2021, thus resulting in the loss of the immunity granted to Twitter under section 79 (I) of the IT law of 2000.
“The exemptions granted to intermediaries under Article 79 (I) are a conditional exemption provided that the intermediary fulfills the conditions of Articles 79 (2) and 79 (3). In addition, in accordance with rule 7, failure to comply with the IT rules of 2021 will result in the non-applicability of Article 79 (1) of the IT law of 2000 to such an intermediary and the intermediary will be liable to any sanction. under any law. for the moment in force with regard to the offending content, ”he said.
He further stated that the IT rules of 2021 also prescribe that a Significant Social Media Intermediary (SSMI) must have a physical contact address in India published on its public platforms, in order to receive communications addressed to it.
SSMI shall activate a mechanism that provides a unique ticket number for each complaint or grievance, which enables the complainant to track the status of such complaint or grievance in accordance with the rule and Twitter is also responsible for submitting reports of compliance as required by IT. Rules, he said.
The Center had previously told the court that Twitter was prima facie in compliance with the new IT rules by appointing agents on a permanent basis.
Twitter previously said the appointees would work full time and be fully capable of performing the duties as required by law.
On July 28, the court expressed dissatisfaction with Twitter’s appointment of a temporary worker as CCO and said the social media platform was not in compliance with the new IT rules.
The Center had said in its affidavit that Twitter failed to comply with India’s new IT rules, which could lead to the loss of its immunity under the IT Act.
Lawyer for petitioner Amit Acharya claimed he learned of the alleged computer breach from Twitter when he tried to complain about a few tweets.
The 2021 Information Technology Rules (Interim Guidelines and Digital Code of Ethics) aim to regulate the distribution and publication of content in cyberspace, including social media platforms, and were notified in February by the central government.