SC directs Google et al to put in place in-house mechanism to remove search results on pre-natal sex determination

The Supreme Court of India today directed Google, Yahoo and Microsoft to set up an in-house mechanism to remove online search results, which has “potential to go counter” to Section 22 of the Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994 (Act)..The order was passed by a Bench of Justice Dipak Misra and Justice R Banumathi despite strong opposition by the counsel appearing for the search engines..This direction by the Court is in addition to the direction issued by the Court to the Centre in the last hearing to set up a Nodal Agency to address complaints regarding pre-natal sex determination ads..Solicitor General Ranjit Kumar today told the Court that the Nodal Agency has been set up pursuant to the Court’s order..The Court after hearing the parties proceeded to direct the Respondent Companies to set up in-house committees to remove content violative of Section 22. The Court also said that the in-house committee shall take assistance from the Nodal Agency to deal with such content..“We reiterate our direction dated 19th September, 2016, and further add that the respondent Nos.3 to 5 shall appoint their “In-House Expert Body” which shall take steps to see that if any words or any key words that can be shown in the internet which has the potentiality to go counter to Section 22 of the 1994 Act, should be deleted forthwith. . the “In-House Expert Body” that is directed to be constituted, if not already constituted, shall on its own understanding delete anything that violates the letter and spirit of language of Section 22 of the 1994 Act and, in case there is any doubt, they can enter into a communication with the Nodal Agency appointed by the Union of India and, thereafter, they will be guided by the suggestion of the Nodal Agency of the Union of India.”.Senior Advocate KV Viswanathan and Advocate Ruby Ahuja vehemently opposed the order saying that they are ready to comply with directions by the Nodal Agency but an in-house mechanism could lead to a floodgate of complaints addressed to them and could also lead to a slew of litigation in various High Courts. They further contended that the order also goes against the directions in Shreya Singhal’s case..They argued that the Court should hear them out fully on the matter before passing such an order..The Court, however, refused to budge and stuck to its order while clarifying that the order is only to make the companies responsive to the issue..The case is now listed for hearing on April 11..Read the order below.