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‘If they’re in defiance, you’re free to take action’: HC tells govt after giving Twitter new deadline for appointing RGO
Justice Rekha Palli said that the court is not granting Twitter any protection. “I have already told them that 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.
The Delhi high court directed Twitter to inform the court by Thursday regarding the appointment of a resident grievance officer in compliance with the new IT rules -- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 -- after the social media giant informed the court that it was in the process of doing so.
The court took exception to the fact that the court was not informed that the resident grievance officer (RGO) appointed earlier was an interim one and he has already resigned. Justice Rekha Palli pointed out that only an interim RGO was appointed by Twitter and a wrong impression was given to the court on May 31 by not informing that it was an interim appointment.
“If he went away on June 21, the least Twitter could do was to appoint another officer in these 15 days since you knew that this matter was coming up for hearing on July 6. If Twitter thinks it can take as long as it wants in my country, I will not allow that,” the judge pointed out.
Senior advocate Sajan Poovayya who is representing the social media giant said that Twitter is still in the process of making the appointment. He said that it was true that there is no chief compliance officer, RGO and nodal contact person until now.
“It 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,” Poovayya said according to a report by news agency PTI.
Additional solicitor general Chetan Sharma who represented the Centre said the rules were notified on February 25 and a three-month window was extended to the intermediaries to comply with the rules. The window expired on May 25.
“It is a 42-day complete non-compliance. They are most welcome to do business in India. But this attitude cocks a snook at the digital sovereignty of this country,” additional solicitor general Chetan Sharma argued.
Justice Rekha Palli said that the court is not granting Twitter any protection. “I have already told them that 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 judge said.
During the hearing the court passed over the matter for a while and asked Twitter’s counsel to take instructions on the amount of time it will take to complete the appointment process. When the matter was called up again, Poovayya said it was due to the time difference between Delhi and San Francisco he was unable to take instructions and sought a short accommodation. Twitter’s main office is located in San Francisco in the US.
After granting it time till July 8, the court said that on the next date of hearing Twitter is expected to be ready with its stand regarding compliance with all other requirements. “Come up with clear instructions, otherwise you will be in trouble. Let the government and everybody else know your stand,” the court told Twitter’s counsel. The court pointed out that on May 31 when the petition claiming non-compliance with the new IT rules laid out by the Centre by Twitter came up for hearing it was informed that Twitter already appointed a RGO on May 28.
The court said that following the statement it was permitted to file a short reply. The court also said that after perusing the affidavit it became aware that on May 31 that Twitter appointed an interim grievance officer and this fact was not brought to the court’s notice.
