The Centre has knowledgeable the Delhi High Court that Twitter has appointed Chief Compliance Officer (CCO), Resident Grievance Officer (RGO), and Nodal Contact Person in compliance with the brand new IT Rules.

The Ministry of Electronics and Information Technology (MEITY), in a brief affidavit, mentioned Twitter has acknowledged that the personnel (CCO, Nodal Contact Person, and RGO) are appointed as the corporate’s workers and never as ”contingent employees”.

“Twitter has provided the names of the said appointed personnel and their respective positions also.

The said affidavit (of Twitter) mentions their employment start date as August 4, 2021. Twitter has further enclosed their employment contracts along with the said affidavit as proof of such appointments,” the ministry mentioned.

The court docket had on August 10 directed the Centre to file a brief affidavit in response to Twitter’s affidavit through which the corporate had proven compliance with IT Rules.

“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,” N Samaya Balan, working as Scientist-E within the Cyber Law Group with the MEITY, mentioned within the affidavit.

Justice Rekha Palli, who was listening to a petition alleging non-compliance of IT Rules by the US-based microblogging web site, is scheduled to listen to the matter on October 5.

The Centre’s affidavit additional mentioned the IT Rules, 2021 is “a law of the land” and Twitter is “mandatorily required 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 conferred under section 79(I) of the IT Act, 2000.

“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 mentioned.

It additional mentioned that the IT Rules, 2021 additionally mandate {that a} Significant Social media Intermediary (SSMI) will need to have a bodily contact tackle in India printed on its public platforms, to obtain communications addressed to it.

The SSMI has to allow a mechanism that gives a singular ticket quantity for each grievance or grievance, which allows the complainant to trace the standing of such grievance or grievance as per the rule and Twitter can be accountable to submit compliance experiences as mandated within the IT Rules, it mentioned.

The Centre had earlier advised the court docket that Twitter was prima facie in compliance with the brand new IT Rules by appointing the officers completely.

Twitter had earlier mentioned the appointed individuals will work on a full-time foundation and are absolutely able to performing the capabilities when it comes to the regulation.

On July 28, the court docket had expressed displeasure over Twitter appointing a contingent employee as CCO and mentioned that the social media platform was in non-compliance with the brand new IT Rules.

The Centre had mentioned in its affidavit that Twitter did not adjust to India’s new IT Rules, which might result in its shedding immunity conferred beneath the IT Act.

Petitioner-lawyer Amit Acharya claimed that he got here to know concerning the alleged non-compliance of IT Rules by Twitter when he tried to complain about a few tweets.

The Information Technology (Intermediary Guidelines and Digital Ethics Code) Rules, 2021 search to control dissemination and publication of content material in our on-line world, together with social media platforms and have been notified in February by the central authorities.