The Delhi High Court on Tuesday said that the government was free to take action against microblogging site Twitter as by defying the Indian laws it has lost its intermediary status.
A bench of Justice Rekha Palli, however, gave Twitter time until Thursday to get back on the issue of compliance with the new social media intermediary guidelines.
“From June 21 till July 6, you could have appointed a new person (a resident grievances officer). How long will your process take? Does Twitter think it will go on taking as much time as it wants in our country? I won’t permit that,”.
Justice Rekha Palli observed, giving the company two days to convey a time frame
“Come up with clear instructions, otherwise you will be in trouble,” Justice Palli told the counsel for Twitter. “Let the government and everybody else know your stand,” the judge said after the company sought more time to inform the court by when it would appoint a resident grievances officer (RGO) and fill other key posts.
The HC was hearing a plea alleging failure by Twitter to comply with the Centre’s new Information Technology Rules and took exception to the company’s stand that it was in the process of appointing an RGO.
The HC pointed out that only an interim RGO was appointed by Twitter and a wrong impression was given to the court on May 31 as it was not informed that it was an interim appointment.
When the Centre, represented by additional solicitor general Chetan Sharma, said the rules were notified on February 25 and a three-month window was given to the intermediaries to comply with the rules, the HC wondered why it took no action. “We are not giving any protection, you are free to take any action. If they are in violation, you know what to do. …if they want to work, they have to follow the rules,” the judge said.
The Central government has approached the Supreme Court seeking transfer of all petitions challenging the constitutionality of the Information Technology (IT) Rules, 2021, from various high courts to the top court.
The Centre has filed a transfer petition saying several HCs including Delhi, Bombay, Madras and Kerala, are seized of the issue, and the issue be adjudicated by the apex court. According to the case status shown on the apex court website, the Centre’s plea, which was filed earlier, is likely to be listed for hearing on July 9. Several pleas challenging the validity of the new IT rules are pending adjudication in the Delhi high court which had sought response from the Centre on these petitions.
