Striving To Comply; Reserves Right To Challenge IT Rules : Twitter To Delhi High Court

Twitter has informed the Delhi High Court that it will file its first Compliance Report consistent with the 2021 Rules no later than on 11th July 2021, The first compliance report will be covering the period 26th May 2021 to 25th June 2021.

Twitter has further submitted that, while it is striving to comply with the 2021 Rules, it 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.

The submissions have been filed through memo filed before the Delhi High Court in the plea filed 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).

In its affidavit, Twitter has further stated that it has engaged frequently with Ministry of Electronics and Information Technology, (MeITY) in respect of the requirements under the Rules, including on the issue of MeitY developing standard operating procedures as regards, in part, the liability of various officers appointed under Rule 4.

Twitter has informed the High Court that it has appointed a resident of India as its interim Chief Compliance Officer effective 6th July 2021 and has engaged the services of the Interim CCO as a contingent worker via a third party contractor.

Further a job announcement has been posted in public for a Chief Compliance Officer as a direct employee and it will endeavor in good faith to make an offer of employment to a qualified candidate to fill this position within 8 weeks.

With regards the appointment of Resident Grievance Officer, Twitter has informed the Court that it has appointed Mr. Dharmendra Chatur as an interim Resident Grievance Officer, who withdrew from that position on 21st June 2021.

"Twitter is in the process of making an offer of appointment to a resident of India as its interim Resident Grievance Officer ("interim RGO") and expects to do so on or before 11th July 2021. Twitter intends to engage the services of the interim RGO as a contingent worker via a third party contractor." Twitter has stated.

'In the meantime, the duties of the Resident Grievance Officer are being performed by the Grievance Officer and will continue to do so until the appointment', Twitter has added

Lashing out at social media giant Twitter Inc for non-compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, a single judge bench of Justice Rekha Palli of the Delhi High Court had on July 6th said it was not going to give Twitter any protection from consequences of non-compliance, and granted Twitter time as sought for, to get back on the issue.

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