Social:Google LLC v Defteros
| Google LLC v Defteros | |
|---|---|
 | |
| Court | High Court of Australia |
| Decided | 17 August 2022 (appeal) 30 April 2020 (initial) |
| Citation(s) | [2022] HCA (appeal) [2020] VSC 219 (initial) |
| Case history | |
| Appealed from | Supreme Court of Victoria |
| Keywords | |
Defamation Hyperlink Search engine | |
Google LLC v Defteros was a defamation case in Australia brought by a lawyer against Google.
George Defteros is a lawyer, with much of his work being representing defendant gang members.[1][2] Defteros successfully sued Google after it failed to take down a story that he said had defamed him,[3] however, Google appealed the case to the High Court, represented by Johnson Winter Slattery.[4][5]
On 30 April 2020, the Supreme Court of Victoria found in the case of Defteros v Google LLC[6] [2020] VSC 219 that Google could be held liable for defamation in Australia . "The Court held that Google does publish webpages reached by clicking on hyperlinks within Google search results. The resolution of the publication issue was a necessary step to Google’s liability; Google succeeded on some defences and failed on others. Defteros was awarded $40,000."[7] Google argued that the ruling would force it to censor the internet.[8]
Upon appeal, on 17 August 2022, the High Court ruled that Google is not a publisher and the provision of a hyperlink merely facilitates access.[9][10][11] A joint statement by Chief Justice Susan Kiefel and Justice Jacqueline Gleeson said, “In reality, a hyperlink is merely a tool which enables a person to navigate to another webpage."[12]
References
- ↑ Naomi Neilson (17 August 2021), Melbourne criminal lawyer reprimanded for holding client files, failing to provide costs estimate, Lawyers Weekly, https://www.lawyersweekly.com.au/biglaw/32225-melbourne-gangland-lawyer-reprimanded-for-holding-client-files-failing-to-provide-costs-estimate, retrieved 17 August 2022
- ↑ "Melbourne gangland lawyer George Defteros wins defamation case against Google". April 30, 2020. http://www.theguardian.com/media/2020/apr/30/melbourne-gangland-lawyer-george-defteros-wins-defamation-case-against-google.
- ↑ "Is Google a publisher? That is the question the High Court is being asked to consider". ABC News. May 2, 2022. https://www.abc.net.au/news/2022-05-03/google-high-court-melbourne-lawyer-george-defteros-hearing/101031116.
- ↑ Dam, TuAnh (August 17, 2022). "Australian court rules Google is not a publisher in major defamation suit win for tech giant". https://www.axios.com/2022/08/17/australian-court-rules-google-not-publisher-defamation-case.
- ↑ Cameronne, Cindy (2022-08-17). "In defamation victory, High Court finds Google not a publisher" (in en-US). https://www.lawyerly.com.au/high-court-finds-google-not-a-publisher-of-defamatory-article/.
- ↑ "Defteros v Google LLC [2020 VSC 219"]. https://jade.io/article/727730.
- ↑ Douglas M., Tharby A., and Border J. (May 7, 2020). "Google as publisher of everything defamatory on the internet: Defteros v Google LLC [2020 VSC 219"]. https://bennettandco.com.au/areas/defamation/google-as-publisher-of-everything-defamatory-on-the-internet-defteros-v-google-llc-2020-vsc-219/.
- ↑ Rob Thubron (24 January 2022), Google warns that defamation case ruling will force it to 'censor' the internet. The implications could be far-reaching, Techspot, https://www.techspot.com/news/93099-google-warns-defamation-case-ruling-force-censor-internet.html, retrieved 17 August 2022
- ↑ "High Court finds Google is not a publisher in crucial win for search engine" (in en-AU). ABC News. 2022-08-17. https://www.abc.net.au/news/2022-08-17/high-court-decision-google-not-publisher-george-defteros/101340622.
- ↑ Elizabeth Byrne (17 August 2022), High Court finds Google is not a publisher in crucial win for search engine, ABC News Australia, https://www.abc.net.au/news/2022-08-17/high-court-decision-google-not-publisher-george-defteros/101340622, retrieved 2022-08-17
- ↑ "Google v Defteros: High Court refines defamation law concerning hyperlinks". 27 November 2023. https://www.gtlaw.com.au/knowledge/google-v-defteros-high-court-refines-defamation-law-concerning-hyperlinks.
- ↑ "Australia's top court finds Google not liable for defamation" (in en). Reuters. 2022-08-17. https://www.reuters.com/legal/australias-top-court-finds-google-not-liable-defamation-2022-08-17/.
 |  |
