THE DELHI HC RECENTLY CAME DOWN HEAVILY ON TWITTER FOR SUBMITTING AN INADEQUATE AFFIDAVIT

The Delhi HC recently came down heavily on Twitter for submitting an inadequate affidavit on the appointments of grievance officers under the Information Technologies Rules, 2021.

Senior Advocate Sajan Poovayya appearing for the social giant- Twitter, submitted that following the Court's previous order, Twitter has appointed a Chief Compliance Officer and a Resident Grievance Officer. However, the appointment of a Nodal Contact Person is still under process.

Justice Rekha Palli, after going through the affidavit, objected to the use of the term "contingent officer" for the positions and asked, "What is a contingent worker? It gives the idea that there is a contingency." To which   Counsel appearing for twitter said that He undertakes to perform the functions of Grievance and Chief Compliance Officer. He is a resident of India and will take full responsibility to address grievances. We will file a better-worded affidavit.

Additional Solicitor General Chetan Sharma contended that Twitter Inc did not appoint the Chief Compliance officer as an employee. As per Rule 4 of the IT Rules, 2021, the post needs to be filled by a senior employee of the company. In view of the fact that Twitter failed to comply with the Rules, the Court granted one week to file another affidavit clearly stating the position of the respected officers. 

BACKGROUND

Amit Acharya sought the direction of appointment of resident Grievance Officer by Twitter after Twitter users posted and shared the Gaziabad attack video of a Muslim man. In its latest hearing, the Court directed Twitter to appoint “interim" officers and to file an affidavit stating that they will be accountable and liable for dealing with the grievances.

Justice  Rekha Palli also pointed out the use of the term "Interim" officers when the Rules does not provide any such position.

Author: Papiha Ghoshal