Appointing contingent worker is non-compliance of IT rules, Delhi HC pulls up Twitter

The Delhi High Court on Wednesday pulled up Twitter for stating that it has appointed chief compliance officer and grievance officer as 'contingent workers', saying this was non-compliance of its assurance.

Senior Advocate Sajan Poovayya, representing Twitter, submitted before the court that two affidavits have been filed in connection with the appointments of chief compliance officer and grievance officer and the microblogging site will no longer use the word 'interim'.

A single judge bench Justice Rekha Palli, however, objected to the use of word 'contingent worker' in the appointments.

"What is this term contingent worker? What does this mean? This gives an impression that his duties are based on some contingencies," the bench asked.

The court noted that it is not clear, who is the third-party contractor? “This is not done. Tell me. I don't understand, you are saying contingent, this is not compliance," the judge further added.

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The court asked Twitter, on replacing the word interim with contingent, “Are you serious?”

Additional Solicitor General Chetan Sharma, representing the Centre, said, "This repeated non-compliance by nuance terminologies and seeking time……Your lordship is correct, if they want to comply, comply wholeheartedly".

The court, citing the affidavit, said this is "even worse" and demanded a clearer affidavit.

The high court also questioned Twitter, why it made the appointment via a third-party contractor whose name has also not been revealed.

The court said the affidavit shows total non-compliance.

“You do business here, earn so much revenue but don't comply with rules, court has given you a long rope," the court said.

Poovayya assured the court that a clearly worded affidavit will be filed by Twitter in the matter.

The court pointed out that chief compliance officer says he is not an employee and has been engaged as contingent worker.

“It's a chief compliance officer, there has to be some seriousness about the post. This in itself is in the teeth of the rule," the court said.

After hearing arguments, the high court gave one week, as the final opportunity, to Twitter to file a better affidavit in terms of the earlier orders passed.

The court posted the matter for further hearing on August 6.

Advocate Amit Acharya filed a plea in court against the non-compliance by Twitter India and Twitter Inc with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021).