Breaking: Google scores major win in High Court defamation battle | MWhitbourn
In a separate judgment, Justice Stephen Gageler agreed with Kiefel and Gleeson. He noted the search result in this case was not a “sponsored link” for which Google received advertising revenue, and said the legal position in those cases may be different because there was a degree of “enticement or encouragement to click on the hyperlink”.
Edelman and Steward said the case “does not present the occasion to consider whether the conclusion would be different in respect of those hyperlinks that, by agreement with a third party, are promoted by the appellant following a search request”. He launched proceedings in 2016 against Google for linking to the article. In 2020, the Victorian Supreme Court Justice Melinda Richards found Google defamed Defteros by publishing a snippet of the article and the full article when readers clicked on the link.
The country’s chief legal officers agreed at a meeting on Friday to prioritise online defamation reform this year and NSW Attorney-General Mark SpeakmanAmong those changes was a plan to provide a conditional exemption from defamation liability for “standard search engine functions”.
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