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 »





Case Law, Strasbourg: Mouvement Raelien Suisse v Switzerland, Of Aliens and Flying Saucers – Gabrielle Guillemin

26 07 2012

Earlier this month, the Grand Chamber of the European Court of Human Rights handed down judgment in Mouvement Raelien Suisse v Switzerland (Application no.16354/06). The case concerned the Swiss authorities’ refusal to allow a billboard campaign by the applicant movement on grounds that its activities (including the promotion of human cloning and sensual meditation) were immoral and contrary to public order. By a majority of 9 to 8, the Grand Chamber upheld the earlier Chamber judgment that the Swiss decision was within the margin of appreciation, among other things because the poster campaign was closer in its nature to commercial speech rather than political speech. Read the rest of this entry »