Twitter Will Get No Protection If Centre Takes Action Against Its Non-Compliance With IT Rules, Says Delhi HC

In its hearing on Thursday, 8 July, the Delhi High Court has said that if Twitter does not follow the new IT Rules 2021, it will not receive legal protection. The next hearing in the case will take place on July 28.

The new IT (Information Technology) Rules 2021 laid down by the Central government needs to be followed by all the social media platforms. And if Twitter fails to follow these, it will lose its legal protection, the Delhi HC informed the social media giant on Thursday.

The court has also ordered interim officers appointed by Twitter to file affidavits before it within two days so that they can take responsibility for the duties given to them. Earlier on the day of the hearing, Twitter had informed the court that it would take another eight weeks to appoint a resident grievance officer (RGO) in compliance with the new IT Rules. An affidavit to clarify its stand on the issue of compliance under the new IT Rules has also been submitted by Twitter in court. It has also said that it was in the process of setting up a liaison office in the country.

Even the Counsel for Twitter didn’t back the social media platform. It told the court that if Twitter does not comply with the new IT rules, then the government is free to take action against the social media platform.

Before the hearing, the court on July 6, said that no interim protection is granted to Twitter and the Centre is free to take action against them for non-compliance with IT rules. The microblogging site was asked by the High court to inform it by today (July 8) regarding the status of the appointment of a resident grievance officer (RGO).

Twitter told the court, “We have appointed an interim chief compliance officer through a third-party contractor to be a chief compliance officer for now. The Ministry of Electronics and Information Technology (MeiTY) has also been informed in this regard.”

The next hearing related to the case is scheduled for July 28. The first compliance report under the new IT Rules is expected to be out by July 11, as per the statement that came from Twitter.

What are new IT Rules, 2021

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 were released by the Ministry of Electronics and Information Technology (MeitY) in February. Social media platforms like Google, Facebook, Instagram, WhatsApp, Twitter, etc. were given a three-month period to comply with the new rules.    Twitter

Companies like Google, Facebook, WhatsApp, Telegram, Koo, Sharechat, and LinkedIn have already shared details on the status of compliance with the new rules with MeitY. The rules empower ordinary users of social media and OTT platforms with a mechanism that addresses and provides timely resolution of their grievance with the help of a Grievance Redressal Officer (GRO). It has been aimed to protect women and children from sexual offenses, fake news, and other misuse of social media.

Twitter V/S Central Government

In the new rules, it was clearly mentioned that the GRO to be appointed should be a resident of India. Going against the set norms, Twitter appointed California-based global legal policy director Jeremy Kessel as the new grievance officer for India. This was in non-compliance with new IT rules. The Delhi High Court on May 31 issued a notice to the microblogging site for alleged non-compliance with the new IT rules.