The Delhi High Court on Wednesday granted one week's time to Twitter to file a better affidavit on the appointment of grievance officers to comply with the government's 2021 IT Rules. Giving the micro-blogging platform a last opportunity, Justice Rekha Palli postponed the matter for hearing on August 6. "We can have the matter after one week, but you have to file a better affidavit. We are giving you a long rope," the Judge told Twitter. The court, in a strongly worded order, also expressed its displeasure at the microblogging platform's affidavit filed before it and asked it to comply with the rules "wholeheartedly".
Also Read: Twitter appoints Vinay Prakash as Resident Grievance Officer for India, releases transparency report It further added that the company's affidavit shows serious non-compliance with the new IT rules.
"Just look at the affidavit. Your compliance officer categorically says that he is contingent. Have these affidavits even been vetted by you? There has got to be some seriousness about this post. This has to be a key managerial post. Some sanctity has to be given to this," the court noted.
Twitter, in its affidavit filed earlier this month, had informed the Delhi HC that it appointed the same person, Vinay Prakash, as the chief compliance officer (CCO) and the resident grievance officer (RGO) in India.
Prakash was asked by the court to file his personal affidavit on July 13 disclosing that he is both the RGO as well as the CCO of the company - an appointment obligatory under the IT rules.
Twitter added that it has been using the term interim as the appointee is not an employee but a contingent worker on a third-party contract.
Appearing on behalf of Centre, ASG Chetan Sharma said: "The IT Rules specify that a senior employee has to be appointed. It cannot be a contingent worker. First, they said interim, now they say contingent. This is absolute non-compliance with rules. It's been months. They cannot continue to have it so easy. Either they comply wholeheartedly or they don't comply. This constant non-compliance using nuance terminology cannot be accepted anymore."
Also Read: Delhi HC issues notice to Twitter over non-compliance of new IT rules
Court rebukes Twitter
Expressing strong displeasure at Twitter's affidavit, the Delhi HC said: "Twitter has to answer. What is this kind of compliance? How can you have a contingent worker through a third-party contractor? Your affidavit says 'we will make an endeavour to appoint'... Are you serious? Your company is making so much money like the Centre is saying and you're saying we'll make an endeavour to comply with the laws?"
To this Twitter replied: "We have a problem as compared to other companies because Twitter is still in the process of setting up a liaison office in India."
"Regarding the Nodal contact officer, we have made an offer of employment via a third party contractor to a qualified candidate on July 27 and he has verbally accepted the offer," the micro-blogging platform said.
Coming down heavily on Twitter, the court stated, "I don't understand what your company is trying to do. If you want to comply do it wholeheartedly. You are still getting business from India." In response, the company said they are in the process of complying with the law.