'How Long Will It Take?' Delhi HC Raps Twitter Over Officer's Appointment

The high court said that Twitter was in defiance of new IT rules for not appointing a grievance redressal officer.

Delhi HC raps Twitter over new IT rules.

(Image Courtesy: Mekhala Saran/The Quint)

The Delhi High Court on Tuesday, 6 July, said that social media giant Twitter is in defiance for not appointing the grievance redressal officer as necessitated under the new IT rules mandated by the Centre.

Expressing displeasure that an officer was still not appointed despite assurances, the bench led by Justice Rekha Palli said that it can't take as long as it wants to follow due process.

"After 21 June, till 6 July, the least you could have done was appoint another person. How long does your process take? If Twitter thinks it can take as long it wants in our country, I will not allow that," the judge said, reported Bar&Bench.

The HC granted two more days to the senior counsel, appearing for Twitter, to obtain detailed instructions from San Francisco. The court will now hear the matter on 8 July after asking the social media giant to "come up with a clear response, otherwise you will be in trouble," the report added.

'Twitter Not in Compliance of Indian Laws': Centre

The comments came just a day after the Centre, in an affidavit filed in the HC, said that Twitter had failed to comply with IT Rules 2021 leading to a loss of its immunity as an "intermediary".

The affidavit also said that the immunity conferred on intermediaries under Section 79(1) is a conditional immunity subject to the intermediary satisfying the conditions under Sections 79(2) and 79(3).

According to the new IT laws, social media platforms are required to appoint a chief compliance officer, a nodal officer, and a grievance officer — all whom are required to be residents of India.

However, after its earlier appointee withdrew his candidature on 21 June, Twitter had said that it was in the "process of finding a replacement."

'In Final Stage of Finding a Replacement': Twitter

Twitter on 3 July had submitted an affidavit before the Delhi High Court stating that it will soon be appointing an interim resident grievance officer, as mandated by the new rules.

It had informed the court that it was at the "final stage" of finding the replacement.

In the interim, the grievances from India are being handled by personnel situated in the US, which amounts to non-compliance with the new rules.