Banning online pre-natal sex determination content dangerous: SC

The Supreme Court on Tuesday observed that a general ban on all online content about

prenatal sex determination will curtail the fundamental right to know of a genuine

information-seeker who is driven by curiousity.

“Prenatal sex determination ads is an offence. But a general prohibitory order against all

online information pertaining to sex determination is dangerous. We will be curtailing the

right to know under Article 19 (1) (a) of the Constitution,” a three-judge Bench led by Justice

Dipak Misra observed orally.

Attorney General Mukul Rohatgi said there was a distinction between the right to know of an

information seeker and the purely commercial objectives of those who post online sex

determnation ads to make money.

"The search of the information seeker is protected by the right to know," Mr. Rohatgi

submitted.

"Yes. Curiousity is fundamental to the right to know and you cannot curtail it with a direct

order," Justice Misra observed orally.

"Yes, there should be a restriction on sex determination ads. But can we smother choice of a

person to gain information? Right to know is a fundamental right. If we pass a general type

order, that is likely to offend Article 19(1) (a)," Justice Misra asked.

The court asked for Mr. Rohatgi's assistance and allowed advocate Sanjay Parekh, counsel

for petitioner Sabu Mathew George, to effectively address the court on the question as to

whether the ban on sex determination advertisements under Section 22 of the Prenatal and

Pre-Conception Sex Diagnostic Techniques Act is restricted only to paid advertisements.

The court will hear them on April 13.

Senior advocates Harish Salve and Abhishek Manu Singhvi, appearing for search engines

Yahoo and Google, said intermediaries are not directly responsible for people uploading

content online.

Mr. Singhvi submitted that banning these ads should not restrain the "innocent searcher."

In February, the court ordered Google, Microsoft and Yahoo to immediately set up their own

in-house expert bodies to keep tabs and delete prohibited online prenatal sex determination

ads.

The court said the intent of the order was to make these search engines “responsive to Indian

law.”

Source: The Hindu