Centre formally acknowledges Twitter's compliance with IT rules in Delhi HC; adds caveat

In an important development, the Centre has formally acknowledged that Twitter had complied with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 bringing to an end their prolonged standoff. Republic TV accessed an affidavit filed by N Samaya Balan- a scientist working in the Ministry of Electronics and Information Technology on September 20 which adopts this stance. While the microblogging platform filed an affidavit informing the appointment of Vinay Prakash as its Chief Compliance Officer and Resident Grievance Officer and Shahin Komath as the Nodal Contact Person, the Delhi High Court had asked the Centre on August 10 to file its reply. 

The Centre stated, "Twitter has clearly acknowledged that the said personnel (Chief Compliance Officer, Nodal Contact Person, and Resident Grievance Officer) are appointed as Twitter's employees and not as 'contingent workers'. Twitter has provided the names of the said appointed personnel and their respective positions also. The said affidavit mentions their employment start date as 4th August 2021. Twitter has further enclosed their employment contracts along with the said affidavit as proof of such appointments."

Cautioning Twitter, the affidavit added, "I submit that the IT Rules, 2021 is a law of the land. Twitter is mandatorily required to comply with the IT Rules 2021 in its entirety. Any non-compliance amounts to a breach of the provisions of the IT Rules, 2021 thereby leading to Twitter losing its immunity conferred under section 79(I) of the IT Act, 2000". On losing its "safe harbour" immunity, the platform's top executives may face criminal liability under the Indian Penal Code for "unlawful" and "inflammatory" content posted by any user. 

Twitter's tussle over IT rules

The aforesaid plea in the Delhi High Court was filed by advocate Amit Acharya arguing that the microblogging platform must perform its statutory and executive duties as it is a "significant social media intermediary" as per the new IT rules. Emphasising that he is deprived of his statutory right to lodge a complaint in the capacity as a Twitter user, the lawyer had sought a direction for the appointment of a Resident Grievance Officer. At the outset, Justice Palli made it clear that the microblogging service has no choice but to comply if the rules are in place. After weeks of inaction, Twitter India apprised the IT Ministry of its physical contact address in India and also published the compliance report for the period from May 26, 2021, to June 25, 2021.