Google LLC v DefterosCitation:[2022] HCA 27Before:Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward, Gleeson JJDate:17 Aug 2022Case Number:M86/2021Read more

Google LLC v DefterosCitation:[2022] HCA 27Before:Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward, Gleeson JJDate:17 Aug 2022Case Number:M86/2021Read more

Google, by providing a search result that included a hyperlink to a defamatory article, did not participate in the communication of the defamatory matter to a third party and is not a publisher of the defamatory material.

Parties
Appellant: Google LLC; Respondent: George Defteros
Jurisdiction
Australia
Judgment Date
17 August 2022
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Publication, Liability of Search Engines, Hyperlinking, Defamatory Matter
Defamation Tort Law Internet Law Publication Liability of Search Engines Hyperlinking Defamatory Matter

Case Brief

Summary, issues, holding and outcome

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Parties

Google LLC

Appellant

George Defteros

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether Google, by providing a search result containing a hyperlink to a defamatory article, is a publisher of the defamatory matter.
  2. 2 Whether the act of providing a search result amounts to participation in the communication of defamatory matter to a third party.

Ratio Decidendi

Google, by providing a search result that included a hyperlink to a defamatory article, did not participate in the communication of the defamatory matter to a third party and is not a publisher of the defamatory material.

Court Disposition

Appeal allowed

Orders

  • Judgment of the lower court set aside
  • Respondent's claim dismissed