Google, Yahoo, Microsoft to “auto-block” pre-natal sex-determination ads and searches

In an effort to curb online pre-natal sex determination, Google, Yahoo! Inc. and Microsoft Corp. have agreed to implement the technique of “auto block” to ensure that advertisements and searches relating to pre-natal sex determination are blocked..In a PIL that was filed by one Sabu Mathew George, a Bench of Justices Dipak Misra and C Nagappan, directed the three respondent companies to ensure that the auto-block mechanism is implemented within a reasonable time. Interestingly, the court has referred to it as the “doctrine of auto-block”..Senior Advocates CA Sundaram, KV Vishwanathan and Anupam Lal Das, appeared for Google India, Microsoft Corporation (I) Pvt. Ltd. and Yahoo India, respectively..The petitioner had alleged that sex-determination ads and links were freely available on the internet thereby, defeating the purpose of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (Act) which was enacted to stop female foeticides and check the declining sex ratio in India..However, it seems that an understanding between the petitioners and the respondents has come into fruition..When the matter was heard today, Solicitor General Ranjit Kumar submitted that all the three Companies are bound to develop a technique so that whenever any advertisement or search is introduced into the system, it will not be projected or seen by adopting the method of “auto block”. This, if any person tries to avail the corridors of these companies, this devise shall be adopted so that no one can enter/see the said advertisement or message or anything that is prohibited under the Act..Further, the Solicitor General was also apprised of certain “proposed list of words” in respect of which when commands are given, the “auto block” will be triggered with a warning and nothing would be reflected on the internet, as it is prohibited in India..The Court proceeded to order the three respondent companies to apply the doctrine of “auto-block” within a reasonable time with regard to the search terms also..“At this juncture, Google India, Microsoft Corporation (I) Pvt. Ltd. and Yahoo India, have submitted that apart from the aforesaid words, if anyone, taking recourse to any kind of ingenuity, feed certain words and something that is prohibited under the Act comes into existence, the “principle of auto block” shall be immediately applied and it shall not be shown. The learned counsel appearing for the search engines/intermediaries have submitted that they can only do this when it is brought to their notice. In our considered opinion, they are under obligation to see that the “doctrine of auto block” is applied within a reasonable period of time.”.The matter has now been listed for final disposal on November 16.