When is a Publisher Not a Publisher?

According to the High Court, it’s when the publisher is Google. In a landmark defamation case, the court has ruled that publishing hyperlinks to defamatory material written by others does not amount to publication – or republication. However, the court cautioned against applying this as a general rule. It is therefore essential to review the contents carefully before publishing hyperlinks to potentially defamatory material.

The Case: Google LLC v Defteros [2022] HCA 27

The case stems from a legal dispute involving Defteros, a Melbourne-based solicitor. In 2004, Defteros was charged with conspiracy and incitement to murder members of Melbourne’s underworld, including the notorious Carl Williams. These charges were widely reported but dropped in 2005.

In 2016, Defteros requested Google to remove search results that linked to an article about these charges. Google declined, arguing that search engine functions are automated.

• Initial Rulings: The Victorian Supreme Court found Google to be a secondary publisher and awarded Defteros $40,000 in damages. This decision was upheld by the Court of Appeal.
• High Court Ruling: The High Court overturned the prior decisions in a majority ruling, stating that the generation of search results and hyperlinks is automated and does not equate to publication. Google had no direct connection to the publication of the article since the hyperlinks were not actively approved by the company.

Implications for Businesses

The balance between freedom of information and an individual’s right to their online reputation is still evolving. Businesses must carefully review their policies regarding social media, publication, and republication, as well as the monitoring and maintenance of websites and online platforms.

Key considerations include:

• Establishing clear rules for online comments and participation in forums.
• Regularly reviewing published hyperlinks for potential defamation risks.
• Ensuring proper oversight of social media pages and content publication practices.

Need Legal Advice on Defamation and Publication Laws?

Australia’s defamation and publication laws are complex and ever-changing. For expert legal advice, contact GLG Legal today.

📞 Phone: (07) 3161 9555
📧 Email: info@glglegal.com.au