The Delhi High Court on Tuesday instructed Twitter to notify it before July 8 when it will appoint a resident complaint officer under the new IT rules after the Weibo platform submits that it is doing so.
Judge Rekha Palli disagreed that the court had not been told that the previously appointed Resident Appeals Officer (RGO) was only temporary and that he had resigned.
The High Court pointed out that Twitter only appointed a temporary RGO and left the wrong impression on the court on May 31 because it was not told that the official was temporary.
“If he leaves on June 21, Twitter can at least appoint another official within these 15 days, because you know that a hearing will be held on July 6. We are considering compliance. How long will your process take? Time? If Twitter thinks it can use the time it wants in my country, I won’t allow it,” the judge said.
Sajan Poovayya, a senior advocate on behalf of Twitter, said that although Twitter is currently appointing, it does not currently have a chief compliance officer, RGO, and node contacts.
“So, as the court said, yes, Twitter has not complied with the rules so far. But it is in the process of appointing officials. When the intermediary does not follow the rules, it loses its safe harbor protection. Twitter really should and Twitter will Follow the rules. Please allow a reasonable time,” he said.
Chetan Sharma, another deputy attorney general of the representative center, stated that these rules were notified on February 25 and gave intermediaries three months to comply with these rules. The window expired on May 25.
“We are on July 6. This is a 42-day total non-compliance. They are very welcome to do business in India. But this attitude scorns the country’s digital sovereignty,” he argued.
In response, the judge said: “I have told them that they must follow the rules. I did not give them any protection. If they disobey, you are free to take action. I have made it clear that if they want to work, they must abide by the rules.”
When ASG continued to say that there were 42 days of non-compliance and the government did not take any action, the court said: “I don’t think you are submitting these opinions for me.”
During the hearing, the court temporarily set aside the matter and asked Twitter’s lawyers to give instructions on how long it would take to complete the appointment process.
However, when the matter was called again, Poovayya stated that due to the time difference between Delhi and San Francisco, where the Twitter office is located, he was unable to accept instructions and seek short-term accommodation.
The High Court extended the time to July 8 and stated that “it is expected that on the next hearing day, Twitter’s lawyers will prepare their position regarding compliance with all other requirements.” “Take clear instructions or you will run into trouble, it said, adding “Let the government and everyone else know where you stand.” “
The court noted that on May 31, when the Weibo platform filed a petition for non-compliance with the center’s new IT rules for a hearing, Twitter’s instructing lawyers had already proposed that in order to comply with the IT rules, it had appointed an RGO. 28th.
The court stated that in view of the statement, a short reply was allowed and added that after reading the affidavit carefully, it became known that as of May 31, the platform had only appointed a temporary complaint officer, which was not the case. Bring it to the attention of the court.
Regarding the petition, Twitter’s lawyer stated that the petitioner’s dissatisfaction was the need to withdraw two tweets, and Twitter stated that it could not conclude that these tweets were defamatory.
In response, the court stated that it would deal with this prayer later, and now it is concerned with the prayer for compliance with IT rules.