It appears you have not yet registered with our community. To register please click here...

Go Back [M] > Madshrimps > WebNews
Google hit by Australian legal precedent Google hit by Australian legal precedent
FAQ Members List Calendar Search Today's Posts Mark Forums Read

Google hit by Australian legal precedent
Thread Tools
Old 5th November 2012, 07:22   #1
[M] Reviewer
Stefan Mileschin's Avatar
Join Date: May 2010
Location: Romania
Posts: 139,602
Stefan Mileschin Freshly Registered
Default Google hit by Australian legal precedent

There has been a precedent-setting case down under which could send a chill through websites throughout the former British commonwealth.

Michael Trkulja won a landmark defamation case against Google over search results that linked him to underworld boss Tony Mokbel.

The ruling means that websites that link to offensive material may no longer be able to hide behind the defence that they are not technically publishers.

A court has ruled that websites have some responsibility for what passes through their search systems.

Christopher Dibb, barrister for Trkulja said his client had never been involved in criminal activity, but was shot in the back at a restaurant in Melbourne during gangland wars in 2004.

The now defunct website Melbourne Crime published photos labelled with his name.

Trkulja asked Google to remove the content in 2009, but the company told him to go forth and multiply.

Trkulja's barrister Christopher Dibb said there is no reason why the same would not apply to social networks such as Facebook and Twitter, if they were issued with a take down notice.

Simon Rigby, a partner at Holman Webb lawyers told the Sydney Morning Herald that Google and Yahoo have to respond to take down notices or face the consequences.

Where Google went wrong was that it failed to respond to Trkulja's complaint. While it could still use a defence of innocent dissemination it had messed its own nest because it did know that the defamatory material was there.

It means that Google and other search engines will have to take down defamatory material if they are advised of it.

So far similar cases in the UK have ruled that search engines are purely mechanical devices and are not responsible for the material published. But that was not really based on a similar argument. Australia has the same legal system as the UK and the same Queen.

In March, Trkulja won a similar case against Yahoo!, which accepted that if someone accessed material through Yahoo! then they were publishers. Trkulja was awarded $225,000 in damages.
Stefan Mileschin is offline   Reply With Quote

Similar Threads
Thread Thread Starter Forum Replies Last Post
500K Credit Card Numbers Stolen in Australian Hack Stefan Mileschin WebNews 0 20th August 2012 08:14
Australian R18+ Game Rating System Ends Mature Game Embargos Stefan Mileschin WebNews 0 20th June 2012 08:17
Australian Blu-ray Importing: June 2012 Buying Guide Stefan Mileschin WebNews 0 4th June 2012 09:38
China Hacks Google Servers, Google decides to remove content filter on jmke WebNews 0 13th January 2010 16:39
Australian Study Says Web Surfing Boosts Office Productivity jmke WebNews 0 2nd April 2009 22:41
Australian teenager cracks $84-million Internet porn filter in 30 minutes jmke WebNews 0 25th August 2007 18:21
Is it legal to use someone's Wi-Fi connection Sidney WebNews 0 11th July 2005 13:12
Australian Counter Strike Shooters jmke WebNews 0 4th November 2004 10:59

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off

All times are GMT +1. The time now is 12:17.

Powered by vBulletin® - Copyright ©2000 - 2023, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO