MeitY Letter To Twitter 5th June 2021
MeitY Letter To Twitter 5th June 2021
MeitY Letter To Twitter 5th June 2021
Twitter Inc
USA
This is with reference to this Ministry’s letters dated 26th May 2021 and 28th May 2021
regarding compliance with the subject Rules and your corresponding responses dated
28th May 2021 and 2nd June 2021. MeitY is dismayed to note that your responses to
the Ministry’s letters neither address the clarifications sought by this Ministry nor
indicate full compliance with the Rules.
It is clear from your responses that till date Twitter has not informed about the details
of the Chief Compliance Officer as required under the Rules. Further, 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.
The provisions for significant social media intermediaries under the Rules have already
come into force on 26th May 2021 and it has been more than a week but Twitter has
refused to comply with the provisions of these Rules. Needless to state, such non-
compliance will lead to unintended consequences including Twitter losing exemption
from liability as intermediary available under section 79 of the Information
Technology (IT) Act, 2000. This has clearly been provided under rule 7 of the aforesaid
Rules.
Contd..
The refusal to comply demonstrates Twitter’s lack of commitment and efforts towards
providing a safe experience for the people of India on its platform. The world's largest
democracy has been among the first countries in the world, outside the parent country
of Twitter Inc., to enthusiastically adopt the Twitter platform. Despite being
operational in India for more than a decade, it is beyond belief that Twitter Inc. has
doggedly refused to create mechanisms that will enable the people of India to resolve
their issues on the platform in a timely and transparent manner and through fair
processes, by India based, clearly identified resources. Leave alone proactively creating
such a mechanism, Twitter Inc. is in the inglorious bracket of refusing to do so even
when mandated by law.
The people of India, who use the Twitter platform, deserve and demand a fair
mechanism to address their grievances and resolve their disputes. Users who are
abused on the platform or are harassed or are subject to defamation or sexual abuse
or become victims or a whole range of other abusive content must get a redressal
mechanism that the same people of India have created through a due process of law.
Though with effect from 26th May 2021, in view of Twitter Inc’s non-compliance with
the Rules as noted above, consequences follow. However, as gesture of goodwill,
Twitter Inc. is hereby given one last notice to immediately comply with the Rules,
failing which the exemption from liability available under section 79 of the IT Act,
2000 shall stand withdrawn and Twitter shall be liable for consequences as per the IT
Act and other penal laws of India.
Sincerely,
(Rakesh Maheshwari)
Group Co-ordinator, Cyber law, MeitY
e-mail: [email protected]
Ph: +91-11-24301468