Affidavits show "total non-compliance" with IT Rules 2021: Delhi High Court pulls up Twitter for unclear position on appointment of officers

The Delhi High Court on Wednesday pulled up Twitter Inc for filing inadequate affidavits on the appointment of officers under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) [Amit Acharya v. Union of India & Ors].."I don't know what your company wants to do. If you want to comply, do it wholeheartedly," said Justice Rekha Palli after going through the affidavits filed by the social media giant..Senior Advocate Sajan Poovayya submitted that pursuant to the Court's previous order, the company had appointed a Chief Compliance Officer and a Resident Grievance Officer. He further stated that the appointment of a Nodal Contact Person through a third party contractor was under process..On perusing the affidavits, Justice Palli took objection to the term "contingent officer" used for these posts."What is contingent worker? It gives the impression that there is a contingency."Poovayya replied,"He undertakes to perform the functions of Chief Compliance Officer and Resident Grievance Officer. He is a resident Indian who will be responsible for any grievances. We will file a better affidavit with better worded positions.".Poovayya further highlighted that since Twitter Inc did not have a physical office in India, appointment of persons would give rise to taxation issues."But you are still doing business in India," the Court shot back..Appearing for the Central government, Additional Solicitor General Chetan Sharma submitted that the Chief Compliance Officer appointed by Twitter Inc was not an employee, and that Rule 4 of the IT Rules, 2021 requires the post to be filled by a senior employee of the company. He went on to state,"Twitter has generated more than 7 million dollars in India. And they are floundering to appoint officers?".Noting in its order that there was "total non-compliance" with the Rules, the Court granted Twitter a week's time to file better affidavits clearly highlighting the position with respect to the officers."I am giving you a long rope, but the Court won't do it forever," Justice Palli warned..The matter will be heard next on August 6..The Court was hearing a plea by one Amit Acharya, who sought action against Twitter users for their tweets on a video from Ghaziabad showing a Muslim man being assaulted. The petition had sought a direction to Twitter to appoint a Resident Grievance Officer and other officers as required under the IT Rules, 2021..On the last date of hearing, the Court had directed "interim" officers appointed by Twitter Inc under the IT Rules, 2021 to file affidavits stating that they will be responsible for dealing with any grievances raised..The Court had also made it clear that it would not grant Twitter any interim protection from action for non-compliance with the IT Rules, 2021, and that the Central government would be free to proceed on any breach of the Rules..File affidavits stating that "interim" officers appointed under IT Rules will be held responsible, no interim protection: Delhi HC to Twitter.Justice Palli had taken objection to the fact that the officers were described as "interim" officers when the Rules do not provide for any such position. She also pointed out that the note submitted today by Twitter was not accompanied by an affidavit.