- (1.) In pursuance of our orders dated 5th July, 2016, and 25th July, 2016, an affidavit has been filed by the competent authority of the Ministry of Electronics & Information Technology, Government of India. It is submitted by Mr. Ranjit Kumar, learned Solicitor General of India that there was a meeting with the three software companies, namely, Google India, Yahoo ! India and Microsoft Corporation (I) Pvt. Ltd. and, prior to the meeting, the companies were asked to respond to the following questions:- "(a) Whether respondents feel obligated to comply with the provisions of PC-PNDT Act, especially section 22 of the Act as directed by this Hon'ble Court vide its order dated 28.01.2015? (b) Whether Respondents are ready to publish a "Warning Message" on top of search result, as and when any user in India submits any "key word searches" in search engines, which relates to pre conception and pre natal determination of sex or sex selection? (c) Whether Respondents are ready to block "auto-complete" failure for "key word" searches which relates to pre-conception and/or pre-natal determination of sex or sex selection? (d) Whether the words/phrases relating to pre-conception and pre natal determination of sex or sex selection to be provided and regularly updated by the Government for the 'key word search' or shall it be the onus of the Respondents providing search engine facilities? (e) Whether it is feasible for the Respondents to place this Hon'ble Court order dated 28.01.2015 on their respective Home Page(s), instead of placing them on Terms of Service (TOS) pages? (f) What is the suggested timeline to incorporate "Warning Message", blocking of the "auto-complete" feature for key word search and related terms etc. relating to pre-conception and pre-natal determination of sex or sex selection? (g) Any other information as Respondents would like to share -
(2.) The respondents-Companies have submitted their replies to the Union of India, which have been brought by way of a chart as Annexure M1/4 to the affidavit filed by the said Ministry. We have already reproduced the questions posed by the Union of India. As we find from the chart, all the respondents have agreed to follow the law of this country and not to allow any advertisement or publish any content on their respective search engines.
(3.) Mr. Ranjit Kumar, learned Solicitor General has pointed out to the responses to the questions (a) to (g) in seriatim as submitted by the three Companies. We think it appropriate to reproduce the responses. They read thus:- Google India Pvt. Ltd. Microsoft Corporation India Pvt. Ltd. Yahoo India Pvt Ltd. Yes (i) Stated to have taken all possible steps to ensure compliance with PC-PNDT Act. (Ref : Communication dated 19th July, 2016, Page No. 43) Yes (i) Informed their absolute compliance with the mandate of Section 22 of PC and PNDT Act being the prohibition of advertisement in relation to conception and pre-natal determination of sex or sex selection. (Ref.) Communication dated 1st Aug. 2016, page no.63, para 2) Yes. (i) Stated that their advertising policy prohibits advertising that promotes pre-conception/pren atal sex selection techniques (Ref: Communication dated 29th July, 2016 page 78 no. reply. 1 ii) Further submitted that the intent behind section 22 of the PCPNDT Act is to expressly prohibit an advertisement that is a commercial communication and does not extend to other forms of content including "search results, videos, blogs or images" (Ref : Communication dated 1st August, 2016, Page No. 40, para No. 5. ii) Submitted that the prohibition does not, however extend to any content outside of advertisements such as algorithmic search content images, the auto-complete function and the related search function that are algorithmically/org anically populated. Yes. Agrees to publish Warning Message at the top of the "key word search" result web page. (Ref : Communication dated 19th July, 2016, Page No. 46, Pt. ii Yes Agrees to issue a public service announcement on the search result pages (Ref : Communication dated 1st Aug., 2016, Page no.64 Para IV-4) Yes Agrees to publish Warning Message. (Ref : Communication dated 29th July 2016, Page no. 80 reply. vi) Yes Agrees to block certain terms that directly relate to pre-natal gender detection and selection from appearing as auto-complete suggestions or as related search terms on the local domain. (ii) Further submits that this will remain an iterative process, which will require updating. (Ref : Communication dated 19th July 2016, Page no.46, Pt.i) Yes. (i) undertakes to restrict its auto-complete options and related searches options on Bing India for the key words provided by/under MeitY 's Affidavit dated 15.09.2015 in para 4(a) - (u). (Ref : Communication dated 1st Aug, 2016, Page no. 64, Para V-6) Yes. Agrees for disabling of Auto complete feature in in.yahoo.com that directly relate to pre-natal gender detection and selection (Ref : Communication dated 29th July (i) Has already blocked the "key word search terms" as provided by/under MeitY 's Affidavit dated 15.09.2015. (ii) As there are vast numbers of permutation and combinations of blocked terms, it undertakes to review and expand this list. (Ref : Communication dated 19th July 2016, Page no.45, Pt.ii) (i) Has agreed to block the "key word search terms" as provided by/under MeitY 's Affidavit dated 15.09.2015 in para 4(a) - (u), however puts onus on the Government to provide additional key word search terms in future and reserves its right to review the same. (Ref : Communication dated 1st Aug, 2016, Page No. 67, Para No. 16) (i) Has agreed to block the list of keywords provided by the Supreme Court and the MeitY (as per the Annexure A) to disable the auto complete. (ii) Informed that they update this list of key words based on any reported violations of the Act that are brought to their attention in accordance with due process of law. (Ref : Communication dated 29th July 2016, Page no.80, Reply .V. iii) No (i) Submits that the said order has already been placed as part of relevant Terms of Service/Policy Page. (ii) Submits that it maintains a clear Home Page with links to only very specific information that is relevant to search engine services. (iii) Further submits that a Warning Message should be treated as sufficient to serve the objective or spreading awareness on the issue. (iv) Informed that placing a message on the homepage would provide information on this issue to users regardless of their interest in this topic (Ref : Communication dated 19th July, 2016, Page no.47, Pt. D-I) (Ref : Communication dated 19th July 2016, Page no.46, pt.ii) No (i) Submits that the said order has already provided the link to the said order in its advertisement policy pages (Ref: Communication dated 20th July, 2016, Page no.71, Para no. 15-iii) (ii) Submits that displaying the order or featuring any link to the order on the 'Home Page ' would interfere with the deliberate, highly thoughtout design and functional layout of the Bing "Home Page." (iii) Microsoft informed that if the said court order is put up on the home page or a link to the same is featured on the page, it should have the effect of creating unnecessary concern/uncertainty amongst the larger community of users. (Ref : Communication dated 20th July 2016, Page no.72, Para no.15 -vi) On or before September 15, 2016 (Ref : Communication dated 1st Aug 2016, Page no. 64, Para IV.4) No (i) Submits that the said order has already been placed as part of relevant Terms of Service / Page. (ii) Submits that their home page has certain limitations, business objectives, business expectations, and space and design constraints. As a result, and for legitimate business reasons, they cannot display such notices or order on the home page. (Ref : Communication to Meity vide email dated 19th July, 2016 from yahoo India Private Limited) By September 15 (Ref : Communication dated 29th July 2016, 2016, Page no.80, reply. vii) (Ref : Communication dated 29th July 2016, 2016, Page no.80, reply. vii) Microsoft undertakes to limiting the visibility of suggestions on its auto-complete platform and related searches platform, against the queries/ key words indicated in the Government 's Affidavit, by 31.12.2016 for the users located in India. Microsoft also confirms that by 15.09.2016, it will share an update with the MeitY on the progress made in this regard. Yahoo India stated that they are responsible for managing and operating "in.yahoo.com". Yahoo India has advertising policies that impose requirements for advertisements to appear on in.yahoo.com. Yahoo India informed that Yahoo.com (which is subject to US laws) is a website managed by Yahoo! Inc., a separate legal entity incorporated in State of Delaware; U.S.A. Yahoo India is not authorised to make any statement on behalf of Yahoo! Inc. Yahoo India does not have responsibility over the operations of Yahoo Inc., given they are managed by different legal entity. Ref : Communication dated 29th July 2016, 2016 Page no., reply. ii) Further, Yahoo India informed that Duckduckgo.com (DDG) is a U.S.-based, independent search provider. Yahoo India does not control and also does not have any contractual relationship with DDG. Therefore, we are not authorised to make any statements on behalf of DDG. (Ref : Communication dated 29th July, 2016, 2016, Page No. 79, reply.iv) Ref. Google India letter(s) dated 19th July, 2016 and 1st August, 2016 (annexed from Page No. 38-62) Ref. Microsoft India letter(s) dated 20Th July 2016 and 1st Aug., 2016 (annexed from page No.63 to 77) Ref. Yahoo India communications dated 19th July 2016, 29th July 2016 (annexed from Page No.78 to 88) Adwords-support@ google.com Will provide by 15.09.2016 in-legalpoc@yahoo -inc.com ;