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ARTICLE · 20 JANUARY 2016

Defamed – Google's inaction proves costly

Holman Webb
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Secondary publishers could be held liable for defamation, if they had actual or constructive knowledge of the material.

AustraliaLitigation, Mediation & Arbitration
Tal Williams
Tal Williams
Lucy Williams
Lucy Williams
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It is well established under Australia law that secondary publishers can be held liable for defamatory material if they had actual or constructive knowledge of the defamatory matter. This was the crux of Dr Janice Duffy's multi-year legal battle in the Supreme Court of South Australia with internet search giant, Google.

The situation began in 2007, when defamatory material was published about Dr Duffy on the popular website Ripoff Report. Material on this website, which allows users to post complaints about companies and individuals, connected Dr Duffy with a range of harmful accusations, all of which Dr Duffy said were unfounded. It is thought that these accusations were a form of retaliation against Dr Duffy after she posted negative comments about Psychics on the same website.

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