Delhi HC seeks affidavits from Twitter regarding 'interim' officers; matter adjourned till July 28

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The Delhi High Court on Thursday asked Twitter to file its affidavits regarding appointing interim officials that they will take responsibility and accountability for enforced amended Information Technology Rules.

A Bench of Justice Rekha Palli asked Twitter if its 'interim' chief compliance officer will take all responsibility under new IT Rules. It also noted that no affidavit has been filed, but a short note signed by the counsel for Twitter India has been filed. In the reply, Twitter's counsel said the officer will be bound to implement IT Rules and agree to file an affidavit.

While pulling up the micro-blogging site, the Bench also said that the Centre is free to take any action against Twitter if it finds the social media platform breaching the IT Rules. Questioning the use of the prefix "interim" in the appointment of Resident Grievance Officer, Chief Compliance Officer, and Nodal officer as per law, the High Court asked for a written undertaking from the Indian resident "interim" officers that they will bear full responsibility for the company's compliance with Indian law.

The matter has been adjourned for July 28.

Pulling up Twitter for its continual non-compliance with Indian IT Rules, the Delhi High Court has asked the social media giant to file a notarised and scanned affidavit within 2 weeks. Meanwhile Twitter's counsel cited media trial against the micro-blogging site and said media airing the affidavit since morning is some sort of media trial.

Earlier today, Twitter Inc, in its fresh reply filed in Delhi High Court, stated that Twitter is striving to comply with the 2021 Rules and 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.

Twitter stated that the first compliance report consistent with the Rules can be expected no later than July 11 and it is hopeful of appointing a Grievance Officer within 8 weeks and is also opening a liaison office in India which will be the contact address for all communication.

In the last hearing, the High Court had pulled up Twitter Inc for alleged non-compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and said we are not giving any protection to Twitter.

"The Centre is free to take any action against them. We have already made it clear that if Twitter wants to function in India, they need to comply," the Court said. The Court's observation came after the Additional Solicitor General submitted that Union of India granted three months' time to all Significant Social Media Intermediaries (SSMIs), and from past 42 days there has been complete non-compliance from Twitter.

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