Google LLC v Defteros [2022] HCA 27

Google LLC v Defteros [2022] HCA 27

The High Court held that Google LLC, by providing a search result containing a hyperlink to the Underworld article, did not participate actively or voluntarily in the communication of the defamatory matter. The search result and hyperlink were content-neutral references and did not amount to publication of defamatory content. Therefore, Google LLC was not liable as a publisher under the law of defamation.

Parties
Appellant: Google LLC; Respondent: George Defteros
Jurisdiction
Australia
Judgment Date
17 August 2022
Procedural Posture
Appeal / Final Judgment From High Court of Australia, Appeal From Supreme Court of Victoria
Outcome
appeal allowed
Legal Topics
Publication, Internet Liability, Search Engines, Publisher Liability, Innocent Dissemination, Qualified Privilege
Defamation Publication Internet Liability Search Engines Publisher Liability Innocent Dissemination Qualified Privilege

Case Brief

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Parties

Google LLC

Appellant

George Defteros

Respondent

Procedural Posture

Appeal / Final Judgment From High Court of Australia, Appeal From Supreme Court of Victoria

Legal Issues

  1. 1 Whether provision of a search result containing a hyperlink amounts to publication of defamatory matter
  2. 2 Whether search engine operator is a publisher of defamatory content available via hyperlink
  3. 3 Whether defences of innocent dissemination and qualified privilege apply to search engine operators

Ratio Decidendi

The High Court held that Google LLC, by providing a search result containing a hyperlink to the Underworld article, did not participate actively or voluntarily in the communication of the defamatory matter. The search result and hyperlink were content-neutral references and did not amount to publication of defamatory content. Therefore, Google LLC was not liable as a publisher under the law of defamation.

Court Disposition

appeal allowed

Orders

  • Appeal allowed.
  • Order 2 of the orders of the Court of Appeal of the Supreme Court of Victoria (17 June 2021) set aside; in lieu, (a) appeal allowed, (b) order 1 of primary judge (6 May 2020) set aside and judgment for defendant ordered, (c) order 1 of primary judge (3 June 2020) set aside.