Case Law, Australia: Duffy v Google Inc (No 2), Damages of Aus$100,000 awarded against Google for publication of defamatory snippets and hyperlinks

12 01 2016

Janice DuffyOn 23 December 2015, Mr Justice Blue awarded general damages of Aus$100,000 for libel against Google Inc to Dr Janice Duffy ([2015] SASC 206).  This decision followed the same Judge’s ruling in October 2015 that Google was liable for the defamatory content of hyperlinks and snippets referring to the plaintiff (see the Inforrm post on this decision). Read the rest of this entry »





Book Review, David Rolph’s “Defamation Law” – Judith Gibson

15 12 2015

gazetteSydney University media law academic Dr David Rolph has just published his fourth book, Defamation Law … It is “a vital contribution, not only to the identification and clarification of defamation law, but to the law reform debate generally”, says the NSW District Court’s Defamation List Judge Judith Gibson

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The Legal Perils of the Need to “Overshare” on Social Media – Stuart Gibson

9 12 2015

Stuart picture (1)No stranger himself to the laws of defamation himself in the late nineteenth century Oscar Wilde, once famously said: “There is only one thing in life worse than being talked about, and that’s not being talked about.” Read the rest of this entry »





Defamation Law in Australia: arcane, technical and in need of fundamental reform – David Rolph

1 12 2015

RolphDefamation law has a reputation for being the most arcane area of private law. Its reputation is deserved. Described as the ‘Galapagos Islands Division of the law of torts’ by New South Wales Court of Appeal judge, Justice David Ipp, defamation law can be forbidding for lawyers and judges alike. With the introduction of national, uniform defamation laws, the sense of confusion inherent in defamation law may now apply more generally, rather than show any simplification or improvement. Read the rest of this entry »





Paddling in the backwater: Australian courts and online defamation – Dr Matt Collins QC

27 11 2015

gazetteWhen, in 1932, a Full Court of the Victorian Supreme Court considered, for the first time, how the rules of defamation law might apply to that new-fangled technology, the radio, one of the judges bemoaned that: Read the rest of this entry »





Case Law, Australia: Duffy v Google Inc, Google liable for search results, hyperlinks and autocompletes – Lorna Skinner

12 11 2015

SkinnerLOn 27 October 2015 Mr Justice Blue, sitting at first instance in the Supreme Court of South Australia, handed down judgment on liability in the defamation case of Duffy v Google Inc ([2015] SASC 170).  He held Google Inc liable for the defamatory content of the hyperlinks and snippets returned by way of Google search results on the Claimant’s name and for the defamatory content of search autocompletes relating to her. Perhaps more controversially, Google was also held liable as a republisher of the defamatory content of third party websites hyperlinked on its search results. Read the rest of this entry »





Case Law, Australia: DHR International Inc v Challis, No injurious falsehood injunction against blog – Brigit Morris

30 10 2015

dhr_international_02On 23 October 2015, Justice Richard White in the New South Wales Supreme Court dismissed an application by a global executive recruitment firm, DHR International, for injunctive relief to remove anonymous blog posts allegedly made by a former employee of a DHR subsidiary. Read the rest of this entry »








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