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 »

Comity for the Internet? Recent Court Decisions on the right to be de-indexed – Agnes Callamard

26 08 2015

remove-google-search-historyOne of the most impactful events in global free expression jurisprudence development in 2014 was the the European Court of Justice Google Spain SL, Google v Agencia Espanola de Proteccion (2014) (“González”) decision by on the so-called “right to be forgotten”, more accurately referred to as the “right to be de-indexed”. Read the rest of this entry »

News: UK Supreme Court grants permission to appeal in part in Vidal-Hall v Google, misuse of private information is definitively a tort

28 07 2015

google-headquarters-signThe UK Supreme Court has today granted Google partial permission to appeal in the Vidal-Hall case.  The permission covers the data protection issues but not the issue as to whether misuse of private information is a tort.  On this last issue the decision of the Court of Appeal ([2015] EWCA Civ 311) stands.   Misuse of private information is now clearly established as a tort and the claims can proceed against Google regardless of the result of the data protection appeal.   Read the rest of this entry »

Case Law, Canada: Niemela v Google Inc, British Columbia Court dismisses claim for worldwide libel injunction against Google – Hugh Tomlinson QC and Sara Mansoori

24 07 2015

Google-Logo-Stone-WallIn the case of Niemela v Google (2015 BCSC 1024) the Supreme Court of British Columbia dismissed a claim for a worldwide interim libel injunction against Google by a Vancouver lawyer who had been subject to online abuse by someone he alleged to have been a former client.  The Judge entered summary judgment for Google on the whole action. Read the rest of this entry »