Search engines like Google, Yahoo and Microsoft are under "obligation" to check advertisements pertaining to pre-natal sex determination in India, the Supreme Court said today, as it directed them to develop in- house methods to prohibit such content.
"In our considered opinion, they (Google, Yahoo and Microsoft) are under obligation to see that the 'doctrine of auto block' is applied within a reasonable period of time. It is difficult to accept the submission that once it is brought to their notice, they will do the needful. It need not be over emphasised that it has to be an in-house procedure/method to be introduced by the companies, and we do direct," a bench of Justices Dipak Misra and C Nagappan said.
The direction came after Solicitor General Ranjit Kumar told the apex court that Indian units of Google, Yahoo and Microsoft have agreed to follow the law on sex determination and would not allow any advertisement or "publish any content" on the issue on their respective search engines.
He told the bench that all the three companies have developed a technique called "auto block" which prohibits advertisements on sex determination the moment any "advertisement or search" is introduced in the online system.
"If any person tries to avail the corridors of these companies, this device shall be adopted so that no one can enter/see the said advertisement or message or anything that is prohibited under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, specifically under Section 22 of the said Act," the bench said.
The Solicitor General also submitted a list of "proposed" 43 key words in respect of which, when commands are given, there would be "auto block" with a warning and nothing would be reflected on the internet.
Advocate Sanjay Parikh, appearing for petitioner Dr Sabu Mathew George seeking court's intervention in view of decreasing sex ratio, however contended that the Centre should take more steps to see that the law of the land was completely obeyed by these three companies and the commitment given by them are fully followed.
He alleged that there were agencies which were still publishing such advertisements from which the gender of the foetus can be ascertained.
During the hearing, the lawyers appearing for the online
search engines informed the apex court that if anyone fed any of the proposed 43 keywords, the principle of 'auto block' would be immediately applied and such advertisements and messages would not be shown.
They further said that if any any new word was searched, apart from the 43 identified key words, it can only block the content when it is brought to their notice.
The bench directed the Ministry of Health and Family Welfare to file an affidavit on the issue and posted the matter for hearing on November 16.
Meanwhile, in a statement, a Google spokesperson said "in compliance with the requirements of local laws in India, we do not allow advertisements for the promotion of preconception or pre-natal sex determination and selection. We have always taken prompt and effective action in case a violation is reported to us.
"Keeping in mind the sensitivities attached to this issue and to ensure that technology is used in right earnest to curb this retrograde practice, we have decided to disable certain terms from appearing as autocomplete predictions as well as display a warning message on relevant searches to inform users of the unlawful nature of this subject."
Earlier, the apex court had pulled up online search engines for failing to check advertisements pertaining to pre -natal sex determination saying they patently violated law.
It had asked the Centre to say how and what steps should be taken to control advertisements on sex determination tests on the search engines.
Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 was enacted to stop female foeticides and arrest the declining sex ratio in India. It had banned pre- natal sex determination.
