Metropolitan International Schools Ltd. (t/a Skillstrain and/or Train2game) v Designtechnica Corp (t/a Digital Trends) & Ors

Metropolitan International Schools Ltd. (t/a Skillstrain and/or Train2game) v Designtechnica Corp (t/a Digital Trends) & Ors

A search engine operator such as Google Inc is not a publisher at common law of defamatory snippets generated automatically by its search engine, either before or after notification, as it plays only a passive, facilitative role and lacks the requisite knowledge or control. The claim against Google Inc has no reasonable prospect of success. Additionally, the order for service out was obtained on the basis of material misrepresentation and omission, justifying its discharge.

Parties
Claimant: Metropolitan International Schools Limited (T/A SkillsTrain and/or Train2Game); First Defendant: Designtechnica Corporation (T/A Digital Trends); Second Defendant: Google UK Limited; Third Defendant: Google Inc
Jurisdiction
England and Wales
Judgment Date
16 July 2009
Procedural Posture
Defamation/internet Publication / Application to Set Aside Order Granting Permission to Serve Out of Jurisdiction And/or Declaration of No Jurisdiction
Outcome
Application allowed; order for service out set aside
Legal Topics
Liability of Search Engines, Publication on the Internet, Innocent Dissemination, Jurisdiction Over Foreign Defendants, Electronic Commerce (ec Directive) Regulations, Defamation Act 1996
Defamation Internet Law Jurisdiction Civil Procedure Liability of Search Engines Publication on the Internet Innocent Dissemination Jurisdiction Over Foreign Defendants +2 more

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Parties

Metropolitan International Schools Limited (T/A SkillsTrain and/or Train2Game)

Claimant

Designtechnica Corporation (T/A Digital Trends)

First Defendant

Google UK Limited

Second Defendant

Google Inc

Third Defendant

Procedural Posture

Defamation/internet Publication / Application to Set Aside Order Granting Permission to Serve Out of Jurisdiction And/or Declaration of No Jurisdiction

Legal Issues

  1. 1 Whether a search engine operator is a publisher at common law for defamatory 'snippets' generated automatically by its search engine
  2. 2 Whether the court has jurisdiction over a foreign search engine operator for such publication
  3. 3 Whether the Defamation Act 1996 or Electronic Commerce (EC Directive) Regulations 2002 provide a defence or exemption

Ratio Decidendi

A search engine operator such as Google Inc is not a publisher at common law of defamatory snippets generated automatically by its search engine, either before or after notification, as it plays only a passive, facilitative role and lacks the requisite knowledge or control. The claim against Google Inc has no reasonable prospect of success. Additionally, the order for service out was obtained on the basis of material misrepresentation and omission, justifying its discharge.

Court Disposition

Application allowed; order for service out set aside

Orders

  • Order granting permission to serve out of the jurisdiction on the Third Defendant set aside
  • Declaration that the court has no jurisdiction to try the claim against the Third Defendant