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The Delhi High Court<\/a> on Wednesday said Twitter<\/a> was in total non-compliance<\/a> of the Information Technology Rules<\/a> and granted the American social networking company one week time as a “last opportunity” to file better affidavits showing its compliance.
A single judge bench of Justice Rekha Palli said that affidavits filed by the company “clearly show total non-compliance of the rules. One week’s time as a last opportunity is granted to file a better affidavit in terms of the earlier orders passed by the court”.
The court further ordered that the affidavit to be filed must clearly state the details of the third-party contract worker Twitter has appointed as its chief compliance officer and resident grievance officer<\/a>.
It also asked the company to furnish reasons as to why a nodal contact person was not appointed until now, and by when such a person would be appointed.
Senior counsel Sajan Poovayya appearing on behalf of Twitter assured the court that a clearly worded and transparent affidavit would be filed by the company.
Poovayya also told the court that Twitter has separately written to the ministry of electronics and information technology<\/a> (MeitY) informing it of the appointments, and that the ministry was yet to respond to the company.
The court was hearing a plea filed by Amit Acharya, a practising advocate in the Delhi High Court and the Supreme Court, against Twitter Inc, where he has alleged the company’s non-compliance with the new IT Rules<\/a> as he could not find details of Twitter's resident grievance officer on the company's website to report tweets that he had found objectionable.
The government early this month told the court<\/a> in an affidavit that Twitter had lost the immunity granted to intermediaries under the IT Act, 2000, after it failed to comply with the new intermediary guidelines. Twitter had also admitted that it had breached the timelines for compliance of the new IT Rules<\/a> that came into effect from May 26.
“Twitter is definitely bound to comply. There seems to be some misapprehension in their minds that they are not amenable to the laws in India. As long as they are non-compliant they run the risk of being held liable for content posted on their platform,” said N S Nappinai, Supreme Court laywer and founder of Cyber Saathi.
The high court on July 8 had given the social network time of two weeks to submit an affidavit <\/a>confirming the appointment of the three key executives and setting up of a permanent address of contact, which are mandated under the revised IT Rules.
Twitter in its affidavit told the court that it had appointed a third-party contractor in the position of chief compliance officer and resident grievance officer. It also filed a memo on Tuesday stating that it has received verbal confirmation from a person who will fill the position of nodal contact person, as it wasn’t able to complete joining formalities yet.
The American tech firm has said that it is unable to appoint permanent staff in the key three positions as it does not have a liaison office in India, unlike its peers Google and Facebook. It has told the high court that it will endeavour to fill the positions and is in the process of setting up a local office in India.
The matter will be heard next on August 6.
\"Twitter is soon going to have to see the writing on the wall that there’s no going back from IT Rules 2021, till such a time that the courts do not set it aside,\" said Pavan Duggal, a Supreme Court lawyer who has worked on India’s IT Act. \"Since they’ve not complied with the law, they’ve automatically been stripped of their statutory exemption from legal liability and that’s the reason why four FIRs have been lodged against them. More could come.\"
The micro-blogging platform currently faces lawsuits in several courts over content posted by third-parties on its platform after it lost its immunity granted to intermediaries under the IT Act.
Last week, the Karnataka High Court quashed a notice <\/a>issued by the UP Police to Twitter’s India managing director Manish Maheshwari summoning him to appear in-person for questioning at a Ghaziabad police station.
The court had said that the notice was issued without jurisdiction and was an “arm twisting” method used by the investigating authorities who had failed to ascertain whether Maheshwari had any power to control content posted on the social media platform. The FIR filed by the Ghaziabad police, however, still stands.
“It is possibly due to the non-cooperation and\/or failure to accept accountability by big tech that the Indian government has been constrained to push for these three offices to be India based and held by Indian residents,” Nappinai added.
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的德里高等法院周三说推特在总不符合的信息技术规则并授予美国社交网络公司一周时间作为“最后机会”显示其合规文件更好的宣誓书。
一个法官正义的长椅上女性Palli说宣誓书提交的公司”清楚地表明总不符合规则。一个星期的时间作为最后的机会是授予文件更好的证词的订单早些时候通过法院”。
法院进一步要求,提出证词必须写明第三方合同的细节工人Twitter已经任命为首席合规官和居民不满官。
还要求公司提供原因为什么没有任命一个节点接触的人直到现在,当这样的人将会任命。
Twitter的高级顾问Sajan Poovayya出现代表向法院提交的措辞清晰和透明的证词将这家公司。
Poovayya还告诉法庭,Twitter已经分别写入电子和信息技术(MeitY)通知它任命的,部门还应对公司。
法院听证会提交的请求Amit Acharya,练习倡导者在德里高级法院和最高法院,对Twitter Inc .,他声称该公司的违规行为它新规则当他找不到的细节Twitter的居民不满官在该公司的网站上报告推,他发现有异议的。
政府本月初告诉法庭在一份书面陈述中说,Twitter已经失去了免疫力下授予中介行为,2000年它未能遵守新的中介指导方针。推特也承认违反合规的新时间表它的规则从5月26日生效。
“Twitter是绝对一定会遵守。似乎有一些误解在他们看来,他们不适合印度的法律。只要他们不一致的风险被指定负责内容发布在他们的平台,“N S Nappinai说,最高法院的律师和网络Saathi的创始人。
高等法院7月8日给了《社交网络》两周的时间提交一份宣誓书确认三个关键高管的任命和设置永久地址的接触,这是规定根据修改后的规则。
Twitter的证词告诉法庭,已任命了一个第三方承包商首席合规官的位置和居民不满。也提交了一份备忘录周二称,已收到口头确认的人将填补节点联系人的位置,因为它无法完成加入手续。
美国科技公司已表示,它无法在关键的三个职位任命固定员工没有在印度联络处,与同行的Google和Facebook。向高等法院,它将努力填补职位的过程中,建立一个在印度当地办事处。
这件事将在明年8月6日听到。
“Twitter是很快要看到墙上的写作,没有从规则2021年,直到这样的时间,法院不把它放到一边,“Pavan Duggal说,最高法院律师曾在印度的行动。”,因为他们不遵守法律,他们会自动被剥夺了他们的法定豁免法律责任,这就是为什么四冷杉已经提出反对他们。更能来。”
微博平台目前面临法庭诉讼在几个第三方发布的内容在其平台后,失去了免疫力下授予中介行为。
上周,卡纳塔克邦最高法院撤销通知了警方发布的Twitter的印度公司董事总经理Manish Maheshwari召唤他亲自出现在加济阿巴德警察局问话。
法院说,通知发布没有管辖权,是一个“胁迫”的方法使用的调查当局未能确定Maheshwari是否控制内容发布在社交媒体平台。加济阿巴德的冷杉提起警察,然而,仍然有效。
“这可能是由于合作和/或未能接受问责,大型科技股,印度政府已经限制,推动基于这三个办公室是印度的,印度居民,“Nappinai补充道。
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