Delhi HC raps Twitter for failing to comply with IT rules

Delhi HC raps Twitter for failing to comply with IT rules

Photo for representation only. - File photo

Tribune News Service

New Delhi, July 28

The Delhi High Court on Wednesday pulled up Twitter Inc for appointing a “contingent worker” as Chief Compliance Officer (CCO), saying the company had failed to comply with the IT Rules, 2021.

“I don’t know what your company wants to do. If you want to comply, do it wholeheartedly...I am giving you a long rope, but the court won’t do it forever,” Justice Rekha Palli said after perusing Twitter’s affidavits and posted the matter for further hearing on August 6.

Giving you long rope, but not forever

I don’t know what your company wants to do. If you want to comply, do it wholeheartedly...I am giving you a long rope, but the court won’t do it forever. Justice Rekha Palli

The rules mandated appointment of a key managerial person or a senior employee as CCO, but Twitter appointed a “contingent worker” through a third party contractor, the court said, rejecting the company’s affidavit as “unacceptable”.

“He (CCO) is categorical (in his affidavit) that he is not an employee. This itself is in the teeth of the rule. There has to be some seriousness about the rule. Some sanctity has to be given,” Justice Palli told senior advocate Sajan Poovayya, who represented Twitter.

Poovayya said while the CCO was a contingent worker appointed via a third party contractor, he had undertaken to perform all functions and responsibilities under the IT Rules.

Stating that the nodal contact person was yet to be appointed, he sought two weeks for the appointment.

However, the court expressed reservations about use of the term “contingent worker” by Twitter in its affidavit especially when it was not clear who the third party contractor was.

“File a better affidavit. This is not acceptable. Disclose the name of the third party contractor and explain contingent,” it said, giving a week to file a fresh affidavit.

Additional Solicitor General Chetan Sharma said Twitter was acting in “abject non-compliance of the rules” as the CCO has to be an employee of the social media intermediary and not a contingent worker. “It has been months. You can’t have it so easy. We hold our hands because we are before your lordship,” ASG Sharma said.

The court directed Twitter to disclose all details pertaining to the appointment of the CCO as well as the Resident Grievance Officer (RGO) and clarify as to why a Nodal Contact Person had not been appointed yet and by when the position will be filled.

Earlier, Twitter said it had appointed a resident of India as CCO, effective July 6.

Tribune Shorts

Top Stories

Rs 50,000 compensation to be paid to families of Covid-19 victims from SDRF, Centre tells SC

Rs 50,000 compensation to be paid to families of Covid-19 victims from SDRF, Centre tells SC

Kin of those who died of Covid will have to apply for compen...

UK approves Covishield, but yet to accept Cowin certificates

UK approves Covishield, but yet to accept Cowin certificates

Certain assurances have been given on resolving the issue: F...

PM Modi bats for mutual recognition of vaccine certificates amid UK row

PM Modi bats for mutual recognition of vaccine certificates amid UK row

Promises resumption of vax export, says supply chains for va...

Ready to make any sacrifice to stop Navjot Sidhu becoming CM: Capt Amarinder

Ready to make any sacrifice to stop Navjot Sidhu becoming CM: Capt Amarinder

Will pit a strong candidate against PPCC president in 2022 A...

Women’s entry into NDA can’t be deferred by a year, says Supreme Court

Women’s entry into NDA can’t be deferred by a year, says Supreme Court

Says no to Centre’s request to allow women in NDA exam from ...

Cities

View All