New Delhi: Wednesday the High Court Delhi expressed displeasure on Twitter Inc.
appointed “contingent workers” as the Chief Compliance Officer (CCO) and said the microblogging platform was not in accordance with the new information technology rules (IT).
Judge Rekha Palli noted that while the rules mandated the appointment of the main managerial or senior employees as CCO, Twitter was disclosed in a written statement that he had appointed “contingent workers” through third party contractors.
“He (CCO) is categorical (in a written statement) that he is not an employee.
It himself is in the teeth rules.
There must be some seriousness about the rules.
Some sanctity must be given,” said the court.
The court added that it had a reservation with respect to the use of the term “contingent worker” by Twitter, especially when it was unknown who was a third party contractor.
“What is this contingent worker? I don’t know what it means.
I have a problem with that word.
Contingent then a third party contractor! What is this? I am not happy with Affidavit,” said the Judge to Twitter.
The court said Twitter’s written statement was unacceptable and asked him to obey the rules with all my heart.
“Recommend a better written statement.
It can’t be accepted.
I give you a long rope but don’t expect the court to do it and continue.
Reveal the name of a third party contractor and explain the contingent,” said the court as given a week to twitter to file Affidavit new.
The court further directed Twitter not only revealed all details relating to the appointment of CCO and RGGE complaints (RGGE) but also clarified why the person contacted by Nodal had not been appointed and with the position of position will be filled.
Information Technology Regulation (Broker Guidelines and Digital Ethics Codes), 2021 seeks to regulate the distribution and publication of content in the cyber space, including the social media platform, and is told in February by the central government.
Based on the last order, Twitter Inc.
submitted Affidavit before the court, informed that they had appointed a resident of India as CCO, Effective July 6 Senior Advocate Sajan Poovayya, who represent Twitter, who was appointed through contingent workers, was appointed through a third party contractor, he has done for do all functions and responsibilities under IT rules.
The use of the term contingent workers is calculated “work structure” and the fact that Twitter Inc.
does not have a connecting office in India, said Poovayya when he added that the platform would no longer appoint the “temporary” officer to the post.
It confirms that the process is to build a connecting office when ongoing.
The person appointed as CCO will also act as RGGE, effective July 7, said Poovayya.
In Affidavit, Twitter has stated that while one Vinay Prakash has been appointed to two positions as a contingent worker through a third party contractor, “has posted a public job announcement” for CCO and RGO as “Direct Employees” and it will “make a business with good faith To submit a job offer to candidates who fulfill the residents in India to fill this position in 8 weeks “.
Poovayya was then delivered that the contact of the Nodal had not been appointed and was searched for two weeks from the court for the appointment.
“I don’t know what you want to do.
If you want (obey the rules), do wholeheartedly,” the judge responded.
Additional lawyers General Chetan Sharma, emerged for the central government, argues that Twitter acts in the “Abjit non-compliance rules” because CCO must be an employee of the intermediary of social media and not contingent workers.
“It’s months.
You can’t have it so easily.
We hold our hands because we are before your God,” said Asg Sharma.
Advocate G Tushar Rao, appears for lawyers Amit Acharya, objected to the appointment of the same person as CCO and Rgo and said that because of his role differently, the same person could not hold two positions.
Poovayya replied that there was no bar on the appointment of the same person as CCO and Ghat in the rules.
Acharya, in his petition, claimed that he knew about alleged non-compliance with TI rules by Twitter when he tried to complaint against several tweets.
Twice before, on July 6 and July 8, the court has given time to twitter to submit a written statement to show compliance with IT rules.
The center said in a written statement that Twitter failed to comply with the new IT rules of India, which could cause disappeared immunity under the IT law.
The problem will be heard on August 6.