We are in compliance of new IT rules, have made permanent appointments for required post: Twitter Inc informs Delhi HC

New Delhi [India], August 6 : Twitter Inc on Friday informed the Delhi High Court that permanent appointments have been made for the posts of Chief Compliance Officer, Resident Grievance Officer and Nodal contact person in compliance with certain provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Twitter in its fresh affidavit states that Twitter Inc has appointed Vinay Prakash, as its Chief Compliance Officer and as its Resident Grievance Officer and Shahin Komath as Nodal contact person.
It further stated that "Vinay Prakash is, and has been since his initial appointment, fully capable of performing the functions of Chief Compliance Officer and Resident Grievance Officer as contemplated under Rule 4(1)(a) and (c)."
"Komath is fully capable of performing the functions of the Nodal Contact Person as contemplated under Rule 4(1)(b)," states Twitter Inc's affidavit.
Bench of Justice Rekha Palli on Friday deferred the matter for August 10, after taking note of the submission made by the Twitter Inc counsel.
Meanwhile, Additional Solicitor General of India (ASG) Chetan Sharma appearing for Centre said, we need time to verify the new appointments made by Twitter Inc.
Earlier, Delhi High Court had pulled up Twitter for not complying with the recently amended IT rules, expressing unhappiness with Twitter affidavits and granted last opportunity to file a better affidavit having the details of person appointed as Chief Compliance Officer and Grievance Officer.
"Are you serious about it," said Justice Rekha Palli and criticised Twitter after taking note of the affidavits filed by the company on the last date of hearing.
Senior Advocate Sajan Poovayya, representing Twitter, earlier informed the Delhi High Court that two affidavits filed as regards Chief Compliance Officer and Grievance Officer. The affidavit of entity has clarified that appointments have been made and we will no more use the word 'interim'.
But the Court pulled up Twitter for using term "contingent worker" and asked what does it mean.
Advocate replied that Twitter Inc's is situated outside and they do not have a physical office in India. But, the response could not convince the Court, which remarked that "you are still doing business in India."
The Court said that it is not acceptable that appointing Chief Compliance Officer and Resident Grievance Officer as "contingent worker".
The Court remarked that if the company wanted to comply with IT rules, comply wholeheartedly.
Twitter in the affidavit said that it will not use the term "interim" anymore. The usage of the word was to denote the fact that employees have not been appointed to these positions, but contingent workers have been appointed, till the permanent offers are made.
Vinay Prakash had too submitted a separate affidavit confirming he has been appointed as Chief Compliance Officer and Resident grievance officer by Twitter. (Interim basis) He says he is not an employee but engaged as a "contingent worker," and undertakes responsibilities as per law.
Twitter has told High Court that the same person, Vinay Prakash, has been appointed to two posts.
The Court was hearing a petition seeking direction to the Union of India to pass necessary instruction to Twitter Communication India Private Limited and Twitter Inc to appoint Resident Grievance Officer under Rule 4 of the Information Technology (Intermediary Guidelines and Digital Ethics Code) Rules 2021 without any delay.
The petition has been filed by Amit Acharya, a practicing Advocate in Supreme Court of India and Delhi High Court, through lawyers Akash Vajpai and Manish Kumar.
The petitioner has said that he has filed petition against the non-compliance of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 by the Twitter Communication India Private Limited & Twitter Inc and seeking an appropriate Writ or instruction against Respondent Centre Govt and Twitter to perform its statutory and executive duty under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
According to Rule 4(c) of the IT Rule, every Significant Social Media Intermediary has to appoint a Resident Grievance Officer, who shall, subject to clause (b), be responsible for the functions referred to in sub-rule (2) of rule 3, stated the petition.