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The Delhi High Court on Tuesday said, after having appointed officers in permanent capacity as required by the law, Twitter is prima facie in compliance with the Information Technology (Intermediary Guidelines and Digital Ethics Code) Rules, 2021. The Centre did not file an affidavit affirming Twitter’s position but submitted orally that the company is in compliance and “all is well that ends well”.
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Justice Rekha Palli, while noting Twitter’s affidavit, held, “The affidavit of Respondent Number 2 (Twitter) had been brought in record. The learned Additional Solicitor General (ASG) prima facie does not dispute the position. Twitter appears to be compliant with the Rules. The ASG prays for the filing of an affidavit. Petitioner is also granted two days’ time to file an affidavit.”
Reflecting compliance with rules
When the Court questioned the Centre about Twitter’s submission that it has appointed a Chief Compliance Officer and Resident Grievance Officer, Vinay Prakash, in permanent capacity effective July 6 and 7, the ASG said a mail had been received and that Twitter’s actions reflect compliance with the new IT Rules.
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“It would be better if our affidavit comes on record. The officers have been appointed. They are in compliance with the law. That is the mail I have received,” said the ASG Chetan Sharma, adding that Twitter’s compliance was a result of the Court’s directions. The High Court had questioned Twitter in earlier hearings about its apparent non-compliance with the IT Rules.
“All is well that ends well,” said the ASG.
Justice Palli said if the company is “in compliance, where is the need to trouble them”.
Senior advocate Sajan Poovaya, appearing for Twitter, said the permanent officer, Vinay Prakash is both RGO and CCO and his appointment contract mentions that he is in the senior position of Public Policy Director who will report straight to Twitter head Jim Baker in San Francisco.
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