New Delhi: Twitter is a violation of India’s new IT Rules and liable to face punishment under the existing laws, the Center told the Delhi High Court on Monday.
The government said any non-compliance with the “law of the land” would result in the US-based platform losing its immunity as a social media intermediary under the IT Act. The immunity is with respect to third-party data hosted on such platforms.
In your affidavit, Ministry of Electronics and Information Technology (MEITY), listing the “violations” by Twitter, said the company failed to appoint a Chief Compliance Officer by July 1, while the posts of Resident Grievance Officer and a Nodal Contact Person (also on an interim basis) were vacant. . The ministry also underlined that the physical contact address, which was shown on May 29, was again not available on the Twitter website, arguing that all these steps are mandatory under the new rules.
It said a period of three months for compliance to be followed by all important social media intermediaries (SSMI) under the IT Rules, 2021, including Twitter, expired on May 26 this year, yet the company “failed to fully comply”.
Affidavit has been filed in response to the plea of the lawyer Amit Acharya Claiming the microblogging platform was not in compliance with the Centre’s new IT regulations.
The ministry said in its affidavit that it was informed that the grievance officer of Twitter had resigned. But “as per the details received from respondent no. 2 Website/Mobile Application“India’s complaints in the interim are being handled by personnel based in the US, which amounts to non-compliance with the IT Rules, 2021,” it noted.
The reply stated that the exemption granted to the intermediaries under the Act was conditional, subject to the conditions satisfying the intermediaries under the Act. Failure to comply with the IT Rules, 2021 will result in such entities losing immunity and become liable to face penalties under the existing laws, it said.
The government said any non-compliance with the “law of the land” would result in the US-based platform losing its immunity as a social media intermediary under the IT Act. The immunity is with respect to third-party data hosted on such platforms.
In your affidavit, Ministry of Electronics and Information Technology (MEITY), listing the “violations” by Twitter, said the company failed to appoint a Chief Compliance Officer by July 1, while the posts of Resident Grievance Officer and a Nodal Contact Person (also on an interim basis) were vacant. . The ministry also underlined that the physical contact address, which was shown on May 29, was again not available on the Twitter website, arguing that all these steps are mandatory under the new rules.
It said a period of three months for compliance to be followed by all important social media intermediaries (SSMI) under the IT Rules, 2021, including Twitter, expired on May 26 this year, yet the company “failed to fully comply”.
Affidavit has been filed in response to the plea of the lawyer Amit Acharya Claiming the microblogging platform was not in compliance with the Centre’s new IT regulations.
The ministry said in its affidavit that it was informed that the grievance officer of Twitter had resigned. But “as per the details received from respondent no. 2 Website/Mobile Application“India’s complaints in the interim are being handled by personnel based in the US, which amounts to non-compliance with the IT Rules, 2021,” it noted.
The reply stated that the exemption granted to the intermediaries under the Act was conditional, subject to the conditions satisfying the intermediaries under the Act. Failure to comply with the IT Rules, 2021 will result in such entities losing immunity and become liable to face penalties under the existing laws, it said.
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