On Saturday, 5th June the Government of India issued a final notice to Twitter social media platform to comply with the new IT rules 2021. The Ministry of Electronics and IT (Information Technology) asked Twitter to name a compliance officer and appoint company employees as Grievance officers and Nodal contact persons immediately.
In the notice to Twitter, the Ministry of Electronics and Information Technology said, “Till date, Twitter has not informed about the details of the Chief Compliance Officer as required under the rules. Further, the Resident Grievance Officer and Nodal Contact Person nominated by you is not an employee of Twitter Inc. in India as prescribed in the Rules. The office address of Twitter Inc as mentioned by you is that of a law firm in India, which is also not as per the Rules”.
Previously Twitter had assured that it will comply with the IT rules, however, they expressed their concern regarding Privacy and freedom of speech. The Centre had already extended the time for various social media platforms to comply with the rules but Twitter had failed to adhere to the guidelines. “As a gesture of goodwill, Twitter Inc is hereby given one last notice to immediately comply with the rules. Failure to comply will lead to Twitter losing exemption from liability under IT Act and draw penal provisions,” the notice read.
Group coordinator for Cyberlaw, Ministry of Electronics and Information Technology Rakesh Maheshwari in a letter to Jim Baker, Twitter’s deputy counsel pointed out that despite several repeated letters from the ministry Twitter has failed to address clarifications.
“It is dismayed to note that your (Twitter’s) responses to the ministry’s letters neither address clarifications sought by this ministry nor indicate full compliance with the rules”, the ministry of electronics and IT said in the Notice.
The new IT rules require the appointment of a Chief Compliance Officer who shall be responsible for ensuring compliance with the Act and Rules. Such a person should be a resident in India and a Nodal Contact Person for 24×7 coordination with law enforcement agencies. A Resident Grievance Officer also has to be appointed who shall perform the functions mentioned under Grievance Redressal Mechanism who shall be a resident in India.
Social media Intermediaries are also required to find the originator of flagged content within 36 hours and remove or disable access within 24 hours of receipt of complaints of contents that exposes the private areas of individuals, show such individuals in full or partial nudity or in sexual act or is in the nature of impersonation including morphed images etc.
Read the full text of the government’s notice here: