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ARTICLE · 03 NOVEMBER 2017

Defamation Update: The results are in for Google

Once you know, or should reasonably know, that the material is defamatory, then you can be liable for publishing it.

AustraliaLitigation, Mediation & Arbitration

The latest defamation case about Google's search engine results has just come out. It's a warning to search engines and online publishers generally, and a nod to defamation litigants everywhere to pursue them.

It all started when Dr Janice Duffy, a medical researcher, consulted some online psychics about her love life. After the psychics' predictions didn't eventuate (shock!) Dr Duffy posted negative reviews about the psychics on a website called the Ripoff Report (who'd have thought psychics might be a rip-off?). The psychics responded with posts labelling Duffy a "psychic stalker". Because of this, a Google search of her name started returning results with extracts of the articles calling her a psychic stalker, and its autocomplete function offered the words psychic stalker after her name. Dr Duffy asked Google to remove all that. Google refused. Litigation ensued.

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