Whether intermediaries like Google India, Yahoo can put anything that violates laws of India?

There can be no dispute that the respondents, namely, Google
India, Yahoo ! India and Microsoft (I) Pvt. Ltd. cannot, in the
name of intermediaries, cannot put anything that violates the laws
of this country.
 S U P R E M E C O U R T O F I N D I A

Writ Petition(s)(Civil) No(s). 341/2008
SABU MATHEW GEORGE 
 VERSUS
UNION OF INDIA & ORS. 

Date : 05/07/2016 
CORAM : HON'BLE MR. JUSTICE DIPAK MISRA
 HON'BLE MRS. JUSTICE R. BANUMATHI


 UPON hearing the counsel the Court made the following
 O R D E R
On 18th August, 2015, this Court had passed the following
order:
“It is submitted by Mr. Sanjay Parikh, learned
counsel appearing for the petitioner that he has
filed an affidavit on 14th August, 2015,
ascertaining that despite the interim order
passed by this Court that there should not be any
advertisement by the respondent Nos.3 to 5, the
advertisement is still carried on.
Mr. Shyam Divan and Mr. K.V. Vishwanathan,
learned senior counsel appearing for the
respondents, pray for two weeks' time to file
response to the said affidavit. Prayer stands
allowed.
At this stage, Mr. Sanjay Parikh has drawn our
attention to a part of the order dated 12th May,
2015, which reads as follows:
“Mr. Sanjay Parikh, learned counsel appearing
for the petitioners submitted that vide order
dated 28th January, 2015, this Court had
directed to reflect the said order on the
“policy page” as also on the page containing
“terms and conditions of service”, but the
“policy page” does not sub-serve the purpose
and, therefore, it should be put on the “Home
page”. Learned counsel for the respondents
pray for some time to file response to the
same. Be it noted, Mr. Sanjay Parikh,
learned counsel, has submitted with immense
concern that when it is reflected in the
“Home page”, there is a real warning, but
when it is mentioned in the “policy page”, it
does not really come within the public domain
as is expected.”
Mr. Ranjit Kumar, learned Solicitor General3
appearing for the Union of India, shall file an
affidavit of the competent authority in that
regard, in addition to the substantive affidavit
that is required to be filed by the Union of
India with regard to the affidavit filed on
14th August, 2015, by the petitioner. The
contesting respondent Nos.2 to 5 shall also file
their respective affidavits in that regard.”
In pursuance of the aforesaid order, the Union of India has
filed an affidavit. We have been apprised that some of the
respondents have also filed their affidavits. The respondents who
have not filed the affidavits shall positively file the same by
08.7.2016.
There can be no dispute that the respondents, namely, Google
India, Yahoo ! India and Microsoft (I) Pvt. Ltd. cannot, in the
name of intermediaries, cannot put anything that violates the laws
of this country.
Mr. Ranjit Kumar, learned Solicitor General of India submits
that the Union of India would convene a meeting with the technical
experts of the respondents along with the experts of the Department
within ten days hence. In view of the aforesaid, the respondents
are directed to attend the meeting on the date and time fixed by
the competent authority of the Union of India. As agreed to by Mr.
Ranjit Kumar, the petitioner shall also be invited to give his
suggestions. A memorandum shall be filed before this Court
indicating the steps to be taken so that nothing goes through the
search engines that violates any legislation.
Let the matter be listed on 25.07.2016.
(Gulshan Kumar Arora) (H.S. Parasher)
 Court Master Court Master

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