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Adding to the issues around the non-compliance to the newly enacted Intermediary rules in India is the resignation of the interim grievance redressal officer of Twitter, India.

The interim grievance redressal officer in India, Dharmendra Chatur, has stepped down as the interim officer, in the middle of the ongoing feud with the government. The new IT rules, 2021 mandate that certain officers based in India be appointed, amongst other things.

Currently, the Grievance Officer as mentioned on the website of Twitter is Jeremy Kessel and his office is based out of California, USA.[1] 

Appointment of the executives has to be made in compliance with the new IT rules, 2021.  

The resignation comes at a time when Twitter has been in a row of tussles with the government of India. The appointment of executives to comply with the new IT rules is also part of the ongoing tussle. Currently, liability of Twitter is also in question, relating to the FIR registered against it, in Uttar Pradesh.

In an instance of non-compliance, Twitter would be exposed to intermediary liability in India. The safe-harbor provision, as per the IT Act is only applicable to the intermediaries in compliance with the new IT rules, 2021.

The question of liability of the intermediary and compliance to the new IT rules, 2021, would only be decided by the court.