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 »

Case Law, Canada: Equustek Solutions Inc. v. Google Inc, Appeal against worldwide Google blocking injunction refused – Hugh Tomlinson QC

8 07 2015

Vancouver-Law-Courts.preview-300x218On 11 June 2015, the Court of Appeal for British Columbia handed down judgment in the controversial case of Equuestek Solutions v Google Inc (2015 BCCA 265) dismissing Google’s appeal against a worldwide injunction ordering it to remove websites from search results (2014 BCSC 1063). The interim injunction therefore remains in place. Read the rest of this entry »

Why Google is now so fundamental to Professional Reputation – Digitalis

23 06 2015

google-sign-9-e1358333567693We all use search engines on a daily basis and Google et al appear to be coming under increasing fire from all sides in terms of the content they return in their listings for people and businesses. Libel claimants assume the world has seen the defamatory accusations of their opponents online, often through Google, but quantifying the impact – generically or specifically – has often been difficult. Read the rest of this entry »

Mosley v Google, RIP – Anya Proops

4 06 2015

GoogleSo Max Mosley has done a deal with Google in respect of his claim that Google had breached his rights under the DPA 1998 by refusing to block certain images and videos accessible via the Google search engine (see this FT article which suggests that the settlement also applies to claims brought by Mr Mosley in Germany and France). Read the rest of this entry »

Google: a data controller as well as an intermediary service provider? Does this make sense? Who cares? – Sophie Stalla-Bourdillon

5 04 2015

GoogleSo everyone knows it, Google is polymorphous. It has experienced many different forms: mere facilitator, publisher, hosting provider, caching provider… The latest legal label stuck on its mutant forehead is that of “data controller” and this has been done quite “noisily” by the Court of Justice of the European Union (CJEU) in its Google Spain “Costeja” judgment of 13 May 2014 (at least by listening to the numerous reactions that this judgement has triggered). Read the rest of this entry »


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