Australia's top court finds Google not liable for defamation




  • In Business
  • 2022-08-17 07:39:08Z
  • By Reuters

SYDNEY (Reuters) - Australia's highest court overturned on Wednesday a ruling that had found Google engaged in defamation by supplying a link to a contested newspaper article, throwing the spotlight again on how online libel cases are handled in the country.

The seven-judge panel of the High Court of Australia voted 5-2 to throw out an earlier finding that the Alphabet Inc unit played a part in publishing the disputed article by acting as a "library" housing it, saying the website had no active role.

The decision brings fresh confusion to a question that has been simmering in Australia for years about where liability rests for online defamation. A years-long review of the country's libel law is yet to give a final recommendation on whether large platforms like Google and Meta Platforms' Facebook should be accountable.

The case stems from a 2004 article which suggested that a criminal defence lawyer had crossed professional lines and become a "confidant" of criminals, according to the published judgment. The lawyer, George Defteros, found a link to the story in a 2016 Google search of his name and had Google remove it after it was viewed by 150 people, the judgment said.

Defteros sued in a state court which found Google was a publisher and ordered it to pay him A$40,000 ($28,056). Google appealed the judgment, culminating in Wednesday's decision.

"The Underworld article was not written by any employee or agent of the appellant," two of the panel judges wrote in Wednesday's ruling, the appellant being Google.

"It was written by a reporter with no connection to the appellant, and published by an independent newspaper over which the appellant had no control or influence."

Google "does not own or control the internet", they wrote.

A Google spokesperson was not immediately available for comment.

Defteros said in a statement that the process had been "long, drawn out, expensive and extremely stressful" but he felt vindicated because the court agreed the article was defamatory even though Google was not liable.

The ruling comes after the High Court last year found a newspaper publisher liable for defamatory comments left beneath an article that it had posted on Facebook.

The difference between the 2021 Facebook case and Wednesday's case was that the media companies last year "invited and encouraged comment", while Google "did not provide a forum or place where it could be communicated, nor did it encourage the writing of comment in response", the judges wrote.

($1 = 1.4257 Australian dollars)

(Reporting by Byron Kaye; Editing by Muralikumar Anantharaman)

COMMENTS

More Related News

When Will Biome Australia Limited (ASX:BIO) Breakeven?
When Will Biome Australia Limited (ASX:BIO) Breakeven?

We feel now is a pretty good time to analyse Biome Australia Limited's ( ASX:BIO ) business as it appears the company...

Market Still Lacking Some Conviction On Australia United Mining Limited (ASX:AYM)
Market Still Lacking Some Conviction On Australia United Mining Limited (ASX:AYM)

It's not a stretch to say that Australia United Mining Limited's ( ASX:AYM ) price-to-earnings (or "P/E") ratio of...

This Week in Apps: YouTube takes on TikTok, Spotify adds audiobooks, BeReal takes a dive
This Week in Apps: YouTube takes on TikTok, Spotify adds audiobooks, BeReal takes a dive

Welcome back to This Week in Apps, the weekly TechCrunch series that recaps the latest in mobile OS news, mobile applications and the overall app economy...

Australia
Australia's Optus contacts customers caught in cyber attack

Chief executive Kelly Bayer Rosmarin said on Friday she was angry and sorry that an offshore-based entity had broken into the company's database of customer ...

The Most Dominant Toxic Election Narratives Online
The Most Dominant Toxic Election Narratives Online

Ballot mules. Poll watch parties. Groomers. These topics are now among the most dominant divisive and misleading narratives online about November's midterm...

Leave a Comment

Your email address will not be published. Required fields are marked with *

Cancel reply

Comments

  • jerett
    (2022-08-18 04:42:11Z)

    I just wanted to let you know my opinion of your company. I normally have a rule that I never buy any clothes online... Ever. When I came across your store I really loved the styles that ysquid game jacketou offer.

    REPLY

Top News: Business