Case Law, Australia: Duffy v Google Inc, Google liable for search results, hyperlinks and autocompletes – Lorna Skinner

12 11 2015

SkinnerLOn 27 October 2015 Mr Justice Blue, sitting at first instance in the Supreme Court of South Australia, handed down judgment on liability in the defamation case of Duffy v Google Inc ([2015] SASC 170).  He held Google Inc liable for the defamatory content of the hyperlinks and snippets returned by way of Google search results on the Claimant’s name and for the defamatory content of search autocompletes relating to her. Perhaps more controversially, Google was also held liable as a republisher of the defamatory content of third party websites hyperlinked on its search results. Read the rest of this entry »





Mind the gap: is data protection catching up with Google Search? – David Erdos

23 05 2014

data-protectionThe European Union Data Protection Directive of 1995 has always had lofty, and in many ways implausible, ambitions. As regards the private sector, it seeks to outlaw the input, storage or other processing on computer of any information relating to a living individual “data subject” (irrespective of whether the information is innocuous and/or widely available in the public domain) unless in each and every case that processing complies with a set of provisions put in place to ensure the protection of “the fundamental rights and freedoms of natural persons, and in particular their right to privacy” (Art. 1 (1)). Read the rest of this entry »





Google Spain: whatever happened to freedom of expression? – Guy Vassall-Adams

21 05 2014

juropean-justiceThe important judgment in the Google Spain case concerns the interpretation of Directive 95/46/EC (the Data Protection Directive) and was handed down by the Grand Chamber of the European Court of Justice on 14 May 2014. Read the rest of this entry »





Understanding Search Engines: Legal Perspective on Liability in the Internet Law Vista – Gönenç Gürkaynak

28 06 2013

technology-internet-law1In the early 1990s, the proliferation of information available on the Internet and the growth of Internet-related businesses produced new challenges for the distribution and dissemination of information. As legal issues arise from widespread use of search engines, governments react by attempting to regulate the Internet sector. Read the rest of this entry »