The Google Defamation Case

Recently an Australian man has won a landmark defamation case against Google for the tort of defamation. Michael Trkulja brought a case against Google for search results that linked him to underworld criminals. Essentially, the reason Google was held liable was because it knew about the images and had been asked by Trkulja's lawyer to remove them but had not done so. As such Google's knowledge of the defamatory material meant that they were unable to utilise the absolute defence of innocent dissemination.

Click here to read more about the case.

I find this case and all the media coverage surrounding it very interesting because I have only recently learnt about the tort of defamation in a law course I am currently undertaking. I find it so exciting (as geeky as that sounds) to see all the things I have learnt and read in textbooks actually being applied!

It is interesting also to consider the implication this case will have for defamation cases in Australia and potentially in other countries around the world. Simon Rigby, a partner at Holman Webb lawyers who has specialised in defamation law, opines that the "implication for the future is that companies can't carry material on the internet with impunity" ... "What this means for the likes of Google and Yahoo is that when they get a takedown notice they have to respond to it or face the consequences."

In similar cases in the United Kingdom it was ruled that search engines are purely mechanical devices and are not responsible for the material published. I do not, however, think this current case departs radically or unjustifiably from this notion. If Google had not been specifically informed about the material and asked to remove it then they would not have been held responsible for the material published.

In deciding this case, the court has evidently weighed up the right to freedom of speech against the right to preserving one's reputation and standing within the community. In these circumstances, the latter was held to be of more importance.