Twitter Has 'Prima Facie' Appointed Officials: Centre to Delhi High Court

Centre on Tuesday told the Delhi High Court that prima facie, it appears Twitter has appointed Chief Compliance Officer, Resident Grievance Officer, and Nodal Contact Person in compliance of recently amended IT Rule.

Additional Solicitor General Chetan Sharma, appearing for Centre, told Justice Rekha Palli that prima facie, it appears Twitter has appointed Chief Compliance Officer, Resident Grievance Officer, and Nodal Contact Person in compliance of recently amended IT Rule.

ASG Chetan Sharma sought time to file an affidavit in this regard.

Senior Advocate Sajan Poovayya, appearing for Twitter told the Delhi High Court permanent officers have been appointed by Twitter, which will report directly to the US office.

He also apprised the Court as Twitter did not have any office in India therefore contingent officers were appointed earlier by the company.

The Court after taking hearing the submission of the Centre adjourned the matter for October 5.

On Friday, Twitter informed the Delhi High Court that permanent appointments have been made for the posts of Chief Compliance Officer, Resident Grievance Officer and Nodal contact person. In compliance with certain provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Twitter in its fresh affidavit states that Twitter has appointed Vinay Prakash, as its Chief Compliance Officer and as its Resident Grievance Officer and Shahin Komath, for appointment as Nodal Contact Person.

On Friday, ASG Chetan Sharma appearing for the Centre sought time to verify the new appointments made by Twitter Inc.

Earlier, Delhi High Court had pulled up Twitter for not complying with the recently amended IT rules, expressing unhappiness with Twitter affidavits and granted the last opportunity to file a better affidavit having the details of the person appointed as Chief Compliance Officer and Grievance Officer.

The Court was hearing a petition seeking direction to Centre to pass necessary instruction to Twitter Communication India Private Limited and Twitter to appoint Resident Grievance Officer under Rule 4 of the Information Technology (Intermediary Guidelines and Digital Ethics Code) Rules 2021 without any delay.

The petition has been filed by Amit Acharya, a practising Advocate in the Supreme Court of India and Delhi High Court, through lawyers Akash Vajpai and Manish Kumar.

The petitioner has said that he has filed a petition against the non-compliance of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 by the Twitter Communication India Private Limited and Twitter Inc and seeking an appropriate Writ or instruction against Respondent Centre and Twitter to perform its statutory and executive duty under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

According to Rule 4(c) of the IT Rule, every Significant Social Media Intermediary has to appoint a Resident Grievance Officer, who shall subject to clause (b), be responsible for the functions referred to in sub-rule (2) of rule 3, stated the petition.