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ARTICLE · 18 APRIL 2011

Google's autocomplete is defamatory in Italy - could it happen in Australia?

An Italian court, the Tribunale Ordinario di Milano, has found Google liable for defamation because its autocomplete suggestions paired the plaintiff's name with defamatory key words, raising the question of whether such a case could succeed here in Australia.

AustraliaLitigation, Mediation & Arbitration
Jim FitzSimons
Jim FitzSimons
Peter Keel
Peter Keel
Norman Lucas
Norman Lucas
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An Italian court, the Tribunale Ordinario di Milano, has found Google liable for defamation because its autocomplete suggestions paired the plaintiff's name with defamatory key words, raising the question of whether such a case could succeed here in Australia.

What was the basis for the defamation case against Google?

Google's autocomplete function suggests the rest of the word and appropriate key words to narrow the search.

For example, if you begin to type in "fair wo", Google will suggest "Fair Work Act 2009" or "Fair Work Australia".

The plaintiff (whose name has been suppressed) is an Italian entrepreneur who also provides education in personal finance, with much of his business conducted online.

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