Context
‘Order to Internet giants is to make search engines responsive to Indian law’
What has happened?
The Supreme Court has ordered three Internet giants — Google, Microsoft and Yahoo — to immediately set up their own in-house expert bodies to keep tabs on and delete online pre-natal sex determination advertisements
- A Nodal Agency: This step is in addition to the Ministry of Health and Family Welfare’s move to set up a nodal agency to receive complaints on violation of Section 22 of the 1994 Act
Legal clause
Section 22 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act of 1994 prohibits advertisements relating to pre-natal determination of sex and imposes punishment. However, ads continue to appear online, rendering the law toothless
Directions by the court
- Appoint in-house experts: The court ordered that the search engines “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 on 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 “shall on its own understanding” delete anything that violates the letter and spirit of language of Section 22 of the 1994 Act. In case of doubt, they are free to approach the Ministry’s nodal agency and be guided by the latter
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