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Twitter to Delhi HC: Have complied with IT Rules

On Friday, Sajan Poovayya, who represents Twitter, told the court that “permanent people” were appointed to the posts on August 4. Since Twitter’s affidavit was not on record before it, the court listed the case for next hearing on August 10.

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Twitter on Friday told Delhi High Court that it has appointed a full-time Chief Compliance Officer-cum-Resident Grievance Officer and a Nodal Contact Officer in compliance with the IT Rules, 2021. Centre told the court “seemingly”, the compliance has been made, and sought time to verify the information.

Since the rules were announced in February, the appointments have been made for the first time by Twitter. The rules require all social media platforms to set up a grievance redressal and compliance mechanism, which includes appointing a resident grievance officer, chief compliance officer and a nodal contact person. The micro-blogging earlier had made interim arrangements to fill the positions and engaged the officers through a third party contractor.

While hearing a petition alleging non-compliance of the IT Rules by Twitter, Justice Rekha Palli on July 28 rejected the affidavits filed by Twitter in response to the case and granted it one weeks time to file better affidavits setting out the details of the person who is stated to have been appointed as a Chief Compliance Officer and the Resident Grievance Officer. The court also asked Twitter to explain why the nodal contact officer has not been appointed till date and to provide the likely time within which the appointment is proposed to be made.

On Friday, Sajan Poovayya, who represents Twitter, told the court that “permanent people” were appointed to the posts on August 4. Since Twitter’s affidavit was not on record before it, the court listed the case for next hearing on August 10.

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In the written reply, Twitter said Vinay Prakash has been appointed as the Chief Compliance Officer and Resident Grievance Officer and he is fully capable of performing the functions of the two posts as contemplated under Rule 4(1)(a) and (c). Prakash was initially appointed on July 6 and 7 on the posts, respectively, through a third party contractor.

Similarly, Twitter told the court that Shahin Komath has been appointed as Nodal Contact Officer with effect from August 04 and he is fully capable of performing the functions of the post as contemplated under Rule 4(1)(b).

In July, the micro-blogging site had told the court that it has appointed a resident of India as its Chief Compliance Officer and Resident Grievance Officer as a “contingent worker via a third party contractor”. An offer of employment for the position of a Nodal Contact Person has been made to a qualified candidate, Twitter had told the court.

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However, the court had objected to the use of the term “contingent worker” and asked Twitter to explain. It had also questioned Twitter’s submission that it will make “an endeavour in good faith” to make an offer of employment to fill this position within eight weeks.

Twitter on Friday filed the reply in response to the petition filed by a lawyer, Amit Acharya, through advocates Akash Vajpai and Manish Kumar.

The petition states that on May 26, Acharya came across “defamatory, false and untrue” tweets on Twitter made by two verified users –– Trinamool Congress MP Mahua Moitra and journalist Swati Chaturvedi — and wanted to raise a grievance against them before the resident grievance officer under the IT Rules, 2021. “However, the petitioner was unable to find the contact details of the Resident Grievance on the website of Twitter –– for raising his grievance,” Acharya has alleged in the plea.

First published on: 06-08-2021 at 04:15:04 pm
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