The Delhi High Court on Tuesday pulled up Twitter for not complying with India’s new IT rules and has given the US social media giant time until Thursday to get back on when it will appoint a resident grievance officer.
The high court made its displeasure very clear over Twitter giving a wrong impression to the court during the May 31 hearing as it was not informed that the resident grievance officer was appointed only on an interim basis.
The High Court also observed that if the interim officer left on June 21 there had been enough time for Twitter to appoint another officer in these 15 days since the matter was coming up for hearing on July 6.
The court was hearing a public interest litigation over Twitter not complying with the country’s IT law.
Also read: Defiant Twitter blocks IT Minister Prasad’s account
The counsel for Twitter admitted that the tech giant was not in compliance with the rules as of now, but said the company is in the process of appointing the officer. When an intermediary is not in compliance with rules, it loses safe harbour protection. It is indeed that Twitter should and Twitter will comply with the rules. Please grant a reasonable time, the counsel said.
Additional Solicitor General Chetan Sharma, representing the Centre, said the rules were notified on February 25 and ta hree-month window was given to the intermediaries to comply with the rules, which has expired on May 25.
"We are on July 6. It is a 42-day complete non-compliance. They are most welcome to do business in India. But this attitude cocks a snook to the digital sovereignty of this country," he contended..
To this, the judge said, I have already told them they have to comply with the rules. I am not giving them any protection. If they are in defiance, you are free to take action. I have already made it clear if they want to work, they have to follow rules.
The High Court also made it clear that the government was free to take any action that it wants if Twitter does not comply with the law.
Twitter has been given time till July 8 as its counsel said due to the time difference between Delhi and San Francisco, where Twitter Inc's office is situated, he was unable to take instructions and needed a little more time.
