The Madras High Court in India has issued a notice to the Union government and Google India Private Limited, directing them to prevent the appearance of porn site suggestions in search results. This directive comes as part of a public interest litigation (PIL) filed by Chennai-based advocate S. Gnaneswaran.
Madras (also known as Chennai) is the capital city of Tamil, Nadu, the southernmost state of India. It is the sixth-most populous city in India, with an estimated population of around 7 million people.
The first division bench, comprising Acting Chief Justice D. Krishnakumar and Justice P. B. Balaji, heard the PIL on Tuesday. The petitioner, Gnaneswaran, argued that when users search for information on Google, the search engine often suggests sites related to pornography or other obscene content. This, he claimed, could lead to users inadvertently accessing illegal sites, causing embarrassment and potential harm, particularly to minors.
Gnaneswaran expressed concerns that children, who frequently use the internet, might stumble upon these sites out of curiosity, leading to detrimental effects on society. He urged the court to direct the Ministry of Electronics and Information Technology to take immediate action to prevent such pornographic site suggestions from appearing in Google search results.
After hearing the submission, the bench issued a notice to the Ministry of Electronics and Information Technology and Google India, demanding a response within two weeks.
This is not the first time India has taken a stand against online pornography. In October 2018, following an order by the Uttarakhand High Court, the government directed internet service providers to block 827 websites hosting pornographic content, effectively reinstating a previous ban from 2015.
The Madras High Court’s notice comes amidst India’s ongoing efforts to regulate online content under the leadership of Prime Minister Narendra Modi’s Hindu nationalist government. The Modi administration has been actively pursuing measures to block platforms and sites deemed to promote “obscenity and vulgarity,” claiming they disguise themselves under the pretext of “creative expression.”
Indian law currently offers no protection for adult content. The government has enforced laws against depicting nudity and sexual acts, aligning with conservative ideologies that support strict censorship of sexual expression. These attitudes, rooted in Victorian-era norms introduced during British colonial rule, continue to influence India’s legal stance on obscenity.
The case has broader implications for internet freedom and the regulation of online content in India. Critics argue that such measures could lead to overreach and unwarranted censorship, impacting not just illegal content but also legitimate creative expressions and personal freedoms.
While Google India has yet to respond publicly to the notice, the Ministry of Electronics and Information Technology is expected to provide a detailed reply within the stipulated time. This development underscores the ongoing tension between regulatory efforts to protect societal norms and the preservation of digital rights and freedoms.