‘Twitter failed to comply with new IT rules, may lose immunity’: Centre tells Delhi HC

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‘Twitter failed to comply with new IT rules, may lose immunity’: Centre tells Delhi HC

Twitter has failed to comply with new IT rules, Centre told the Delhi High Court on Monday. In its affidavit filed before the court, the Centre said that any non-compliance would amount to breach of provisions of IT rules and that would lead to Twitter losing its immunity. 

“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,’ it informed the court. 

The Centre further said that the micro-blogging platform has failed to appoint Chief Compliance Officer, Resident Grievance Officer, Nodal Contact Person as on July 1.

READ MORE: Twitter tells Delhi High Court it’s in final stages of appointing resident grievance officer

“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 said. 

“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,” Centre told Delhi 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.

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Earlier on Saturday, Twitter told the Delhi High Court that it is in the “final stages” of appointing an interim chief compliance officer and an interim resident grievance officer under the new Information Technology (IT) Rules. The micro-blogging site had also said it may fall within the definition of a “significant social media intermediary” under the Information Technology (Intermediary Guidelines and Digital Ethics Code) Rules, 2021.

The rules seek to regulate dissemination and publication of content in cyber space, including social media platforms, and were notified in February by the central government.

Twitter said in “substantial compliance” with Rule 3(2) and Rule 4(1)(c) of the new IT Rules, it did appoint an interim resident grievance officer.

However, even before steps could be taken to completely formalise the arrangement, the interim resident grievance officer withdrew his candidature on June 21, it said and denied that it has not complied with the intermediary guidelines.

 

READ MORE: Complaint filed against Twitter India MD Manish Maheshwari for ‘spreading communal hatred’

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