Google v Duffy, No clear result in law applying to search engines – David Rolph

15 10 2017

The long-awaited decision from SA’s Full Supreme Court does little to clarify the perplexing issue of how a search engine is liable for defamation, writes Sydney University media law academic Professor David Rolph … The judgment raises more questions than it answers in relation to publication, intention and knowledge

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Case Law, Australia: Google Inc v Duffy, Appeal court finds Google liable for publication of defamatory content of snippets and hyperlinked articles – Hugh Tomlinson QC

8 10 2017

In an important judgment handed down on 4 October 2017 in the case of Google Inc v Duffy ([2017] SASFC 130 [pdf]) the Full Court of the Supreme Court of Australia upheld the decision of Blue J ([2015] SASC 170) that Google Inc was liable for the defamatory content of the hyperlinks and paragraphs in search results on the claimant’s name (see our comment on the first instance decision). Read the rest of this entry »





Ireland: It’s time to abolish juries in defamation cases – Eoin O’Dell

29 09 2017

Libel cases in England and Wales are “better off without juries”, according to Sir Mark Warby, the High Court judge with responsibility for the Media and Communications List of the Queen’s Bench Division. Read the rest of this entry »





Case Law, Australia: Wilson v Bauer Media Pty Ltd, Rebel Wilson awarded defamation damages of $4.5 million

18 09 2017

On 13 September 2017, Dixon J handed down judgment in the case of Wilson v Bauer Media Pty Ltd [2017] VSC 521.  He awarded Rebel Wilson a total of Aus$4,567,472 in defamation damages against Bauer Media Pty Ltd and Bauer Media Australia Pty Ltd (“Bauer Media”). Read the rest of this entry »





Business as usual? The Court of Appeal considers the threshold for bringing a libel claim in Lachaux v Independent Print Ltd – Iain Wilson and Tom Double

16 09 2017

The long-awaited decision in Lachaux v Independent Print Ltd [2017] EWCA Civ 1334 has brought some badly-needed clarity and certainty to the law of libel, and it seems fair to say that reports of the death of the libel writ have been greatly exaggerated.  Read the rest of this entry »





Lachaux, Seriously limiting serious harm – Nicola Cain

14 09 2017

Trumpeting the Defamation Act 2013 when it received Royal Assent, the Ministry of Justice publicised section 1(1) of the Act, which provides that “A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant“, established “a requirement for companies and individuals to show serious harm to establish a claim“. The Act, according to Lord McNally, represented “the end of a long and hard fought battle to reform the libel laws in England and Wales”. Read the rest of this entry »





News: Defamation and “Serious Harm” Court of Appeal dismisses Lachaux appeal

12 09 2017

On 12 September 2017 the Court of Appeal handed down judgment in the important “serious harm” case of Lachaux v. Independent Print ([2017] EWCA Civ 1334). The Court unanimously dismissed the appeals of the defendants against the decision of Warby J ([2015] EWHC 2242 (QB)) that the claimant had established “serious harm” within the meaning of section 1 of the Defamation Act 2013. Read the rest of this entry »