Tamiz v Google Inc [2013] EWCA Civ 68 (14 February 2013)

Tamiz v Google Inc [2013] EWCA Civ 68 (14 February 2013)

Any potential liability of Google Inc as a publisher for continued publication of defamatory comments after notification was so trivial as not to justify maintenance of proceedings; permission to serve out of jurisdiction was set aside and the appeal dismissed.

Citation
[2013] EWCA Civ 68
Parties
Appellant: Payam Tamiz; Respondent: Google Inc
Jurisdiction
England and Wales
Judgment Date
14 February 2013
Procedural Posture
Civil Appeal / Appeal From High Court Decision to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Liability of Internet Service Providers, Publication in Defamation, Statutory Defences, Jurisdiction, Abuse of Process
Defamation Internet Law Civil Procedure Liability of Internet Service Providers Publication in Defamation Statutory Defences Jurisdiction Abuse of Process

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Parties

Payam Tamiz

Appellant

Google Inc

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision to Court of Appeal

Legal Issues

  1. 1 Whether Google Inc was a publisher of allegedly defamatory comments on Blogger
  2. 2 Whether Google Inc had a defence under section 1 of the Defamation Act 1996
  3. 3 Whether any potential liability was so trivial as not to justify maintenance of proceedings

Ratio Decidendi

Any potential liability of Google Inc as a publisher for continued publication of defamatory comments after notification was so trivial as not to justify maintenance of proceedings; permission to serve out of jurisdiction was set aside and the appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Permission to serve out of jurisdiction set aside
  • No further orders as to Google UK Ltd