JOIN USStriving to comply with IT rules, but reserve right to challenge their validity: Twitter to Delhi HC
Twitter on Thursday told the Delhi High Court it has been "striving to comply" with the 2021 Information Technology Rules, but it reserved its right to challenge their validity.
In a response to the court, Twitter's counsel said it has appointed a resident of India as its interim Chief Compliance Officer on July 6, and made a job announcement for a nodal contact person and will fill this post within eight weeks.
"Twitter has posted publicly a job announcement for a Chief Compliance Officer as a direct employee and is accepting applications at this time. Twitter will endeavor in good faith to make an offer of employment to a qualified candidate to fill this position within eight weeks," the document said.
Similarly, it assured the court to make an appointment of a resident Grievance Officer within eight weeks. Until then, a Grievance Officer has been appointed to perform the statutory duties.
The microblogging site also told the court it has provided a physical contact address at Bengaluru and the details regarding it has been updated on its website. "We are in the process of setting up a Liaison office in India, which will be our permanent physical contact address," it said.
It also maintained that the company will file its compliance report by July 11 as per rules.
"While Twitter is striving to comply with the 2021 Rules, Twitter reserves its right to challenge the legality, validity, and vires of the Rules, and Twitter’s submissions regarding compliance are filed without prejudice to its right to challenge the Rules," it said.
On July 6, the Delhi High Court had pulled up Twitter for dilly-dallying on complying with new IT rules, saying the government was free to act against the microblogging site if it was in violation of the law.
The court then sought information on Twitter's compliance with provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) by Thursday, July 8.
The Union government, for its part, had said Twitter was given a three-month window by May 26 to comply with the IT Rules, notified on February 25, but they did not do so even after 40 days.
On May 31, the Delhi High Court had issued a notice to the microblogging platform on a plea by advocate Amit Acharya. The plea asked the High Court to issue directions to the Centre to pass necessary instructions to Twitter India and Twitter Inc to appoint a Resident Grievance Officer under Rule 4 of the Information Technology (Intermediary Guidelines and Digital Ethics Code) Rules, 2021 without any delay.