Saturday 10 January 2015

Search engines like Google, Yahoo and Microsoft are capable of blocking all contents infringing Indian laws, including those relating to pre-natal sex determination technologies, claims the Union Govt in an affidavit filed in the Supreme Court



The Union Government on Friday informed the Supreme Court through an affidavit that search engines like Google, Yahoo and Microsoft were capable of blocking all contents infringing Indian laws, including those relating to pre-natal sex determination technologies.

The affidavit has been filed in response to a Public Interest Litigation (PIL) by Sabu Mathew George, who said the search engines violated Indian laws by displaying pre-natal sex determination ads.

In its affidavit, the Ministry of Communications and Technology has stated that the “search engines have the relevant technology and deep-domain knowledge and expertise to block/filter the words/phrases/expressions and sponsored links, which are violative of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act.” The Act prohibits determination of the sex of a foetus.

Yahoo logo
The Ministry contended that the search engines like Google, Yahoo and Microsoft were intermediaries, as defined under the Information Technology Act, and hence they had statutory obligations to perform due diligence and block all contents that breached Indian laws.

It pointed out that the search engines used an algorithm to rank search results on web pages and that it was used as a marketing technique for the entities to gain higher page ranking against a key word search.

Since there was a limited technical know-how in the country to decode such algorithm and disable search of contentious key words, the Department of Electronics and Information Technology found it difficult to block the information based on the key word search results, which could include unlawful information.

“Such blocking/filtering on keywords or advertisements can be effectively and regularly done only by the search engines as they have access to their respective mathematical algorithms all the time,” claimed the ministry. The Ministry has further contended in its affidavit that Google, Yahoo and Microsoft should be asked by the court to provide details of measures adopted by them to block keywords and sponsored links violative of the PC-PNDT Act.

The PIL is likely to come up for hearing before the Apex Court shortly.


1 comment:

  1. Whether PM Modi Or Selvi Jayalalita JAIL CORRUPT INDIAN JUDICIARY HEAD CJI:- TRIAL of PRESENT CJI Dattu [& Team-Of-867-Employee-Cum-Judges including Thakur, Gopal Gowda, C.R. Kumaraswamy, Michael De'Cunha who CONVICTED INNOCENT TN CM JAYA & Sent to JAIL + A.V.Chandrashkhar, who denied BAIL to JAYA] PROVEN CRIMINAL CONTEMNER of 27 JUDGMENTS -Vs- SCI-Judge-Suit-Case; Moral-Maze Cheating etc: JUDICIAL PRECEDENT:-CJIS STATEMENT TO THE BAR (on 20-07-1990) in Re. V. Ramaswami:- no doubt that those who aspire to uphold the rule of law must strive to live according to law and they necessarily expose the selves to the danger of perishing by law.
    Chief justice of India, as the head of the Judicial Family has, I believe, the duty and the responsibility to maintain the judicial propriety and attempts to secure the confidence of the public in the working of the judicial process.
    Involvement in any investigation on the conduct of a sitting Supreme Court Judge on such matters as aforesaid is embarrassing in the circumstances and the background in which these questions have arisen in the instant case. For one who should attempt to uphold the rule of law, it is embarrassing to be involved in such a dispute.
    I was constrained, in those circumstances, to advise Brother Ramaswami to desist from discharging judicial functions so long as the investigations continued and his name was cleared on this aspect.
    I wrote to Brother Ramaswami on 18th July 1990 rendering my aforesaid advice. I have also conveyed to him my anguish in tendering this advice and I have requested him to please be on leave until the investigations on the aforesaid conduct are completed.
    On 18th July, 1990 after receipt of my letter, Brother Ramaswami has applied for leave for six weeks in the first instance with effect from 23rd July, 1990. I have directed the office to process his application for leave.
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