Twitter Failed To Comply With New IT Rules Leading To Loss Of Immunity: Centre Tells Delhi HC

Central govt told the court that microblogging site's failure to appoint key officers, even after three months granted to comply with the new IT rules, amounts to a breach of the law of the land. 

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New Delhi: The Government of India on Monday told the Delhi High Court that twitter failed to comply with new IT Rules, leading to a loss of immunity as an "intermediary". 

The central government told the court that microblogging site's failure to appoint key officers, even after three months granted to comply with the new IT rules, amounts to a breach of the law of the land. 

"In spite of 3 months time granted to all SSMIs (significant social media intermediaries) to comply with the IT Rules 2021, having expired on May 26, Twitter Inc has failed to fully comply with the same," Centre told High Court in its affidavit. 

It further said that Twitter has failed to comply with IT Rules 2021 as of July 1 for -- not appointing Chief Compliance Officer, Resident Grievance Officer, Nodal Contact Person (even on an interim basis), and not showing physical contact address on Twitter website. 

"IT Rules 2021 are law of the land and Twitter is mandatorily required to comply with it. Any non-compliance amounts to breach of provisions of IT Rules thereby leading to Twitter losing immunity conferred under Section 79 (1) of IT Act, 2000," the Centre told HC. 

The affidavit has been filed in response to a plea by lawyer Amit Acharya, in which he claimed non-compliance of the Centre's new IT Rules by the platform. 

As per the new IT Rules 2021, all Significant Social Media Intermediaries are required to appoint a chief compliance officer, a nodal officer, and a grievance officer for India to address and resolve complaints from Indian subscribers.

The rules state that the official should be based out of India, and be part of a larger grievance redressal mechanism. The guidelines suggest that the grievance officer must recognise the complaint within 24 hours of its receipt and resolve it within 15 days of its receipt. 

Notable, Twitter Inc had initially appointed an interim Resident Grievance Officer and an interim Nodal Contact Person. Later, reports emerged claiming that Twitter’s interim resident grievance officer for India reportedly quit from the post. The social media company’s website no longer displays his name, leaving the micro-blogging site without a grievance official.