Can offensive content be made 'un-searchable'? Delhi High Court seeks response from Google LLC

While dealing with a case concerning the publication of a law student's social media pictures on a pornographic website, the Delhi High Court has sought assistance from Google LLC to explore the option of making the offensive content ‘un-searchable" (X vs Union of India). .A single-judge Bench of Justice Anup J Bhambhani impleaded Google LLC as party to the case stating that since it is the most widely used search engine, its formal participation in the proceedings is desirable. ."In the course of proceedings over the last several hearings however, it transpires that one possible methodology to make a direction issued by a court to remove offence content effective, would be to make the offensive content ‘un-searchable’. Such methodology would, of course, be in addition to a direction for removing or effacing such content from the World Wide Web, to the extent technologically possible. Since Google LLC runs what is arguably the most widely used search engine, this court is of the opinion that the formal participation of Google LLC in the present proceedings is desirable.".Senior Advocate Sajan Poovayya, appearing for Google LLC, acceded to this position and sought time to make detailed submissions in the matter..In its order, the Court also recorded that the members of the Internet Service Providers Association of India (ISPAI), who are internet service providers, were not in a position to block individual/specific content. .The reason, as per ISPAI, was that since they controlled only the internet facility and services provided to their clients and subscribers, it was not within their control or power to block individual web-pages or content appearing on a website..It was nonetheless possible to block a website in its entirety, ISPAI added. .Appearing through Senior Advocate Meet Malhotra, ISPAI stated that the primary role and responsibility for blocking "specific" offensive content was of the platform intermediary such as Facebook, Instagram, Twitter etc..While orders were passed by the Court for the removal of the objectionable content, it had appointed Advocate Dr. Pavan Duggal, as Amicus Curiae to deal with issues that arise in effacing content from the world-wide-web. .Advocate Sarthak Maggon appeared for the petitioner law student. .[Read Order]