Australia: lnternet publication, liability and context – Dr David Rolph

4 02 2017

gazetteThe recent Victorian Court of Appeal judgment involving Google illustrates the complexity inherent in applying defamation law to internet publication … Sydney media law academic Dr David Rolph explains why context is paramount.

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We need European regulation of Facebook and Google – Leighton Andrews

23 12 2016

google-and-facebookOver the weekend, Facebook sent me a link to a video they had made of my activity on their site over the last year. To my mind, that was more proof, if any were needed, that Facebook is a media company, despite all its protestations. Read the rest of this entry »





Global Right to be Forgotten: Delisting, why CNIL is wrong – Daphne Keller

22 11 2016

cnil-googleThe French Data Protection Agency, CNIL, is currently before a French court, arguing that Google needs to do more to comply with “Right to Be Forgotten” or “Right to Be Delisted” (RTBD) laws. The EU’s highest court, the CJEU, defined the search engine’s obligations in the 2014 Google Spain v. Costeja case, ruling that Google must comply with requests to remove links from the results it displays when people search for the requester by name. Read the rest of this entry »





The ‘Right to be Forgotten’: the scope of delisting – Max Campbell

27 05 2016

Google CNILIt is now just over two years since the Court of Justice of the European Union first ruled that Google was a data controller and that the principles of EU Directive 95/46/EC (‘the Data Protection Directive’), and the various national legislation that implement them, applied to its search results. Read the rest of this entry »





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 »





Social Media defamation: Richardson v Facebook/Richardson v Google UK Ltd: Appeals dismissed as wrong defendants sued – Iain Wilson

15 11 2015

Google FacebookIn Richardson v Facebook [2015] EWHC 3154 (QB) Mr Justice Warby dismissed the claimant’s appeals in two separate but similar claims for defamation and breach of Article 8 ECHR.  One claim was brought against ‘Facebook’ and the other against Google UK Ltd. 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 »