Hyperlink is merely a tool: High Court finds Google is not a Publisher

The High Court has overturned the Victorian Court of Appeal's decision which found Google liable for defaming Victorian criminal lawyer, George Defteros, as it was a publisher of defamatory material.

The Litigation History

In 2004, Mr Defteros and one of his clients who became notorious during the Melbourne "gangland wars", faced various criminal charges. The charges against Mr Defteros were later withdrawn. Unsurprisingly, the controversy was widely reported. The dispute with Google began when Mr Defteros became aware that a search of his name produced a hyperlink to an article reported in The Age on the day of his arrest, titled "Underworld loses valued friend at court".

In 2016, Mr Defteros commenced proceedings in the Supreme Court of Victoria¹ seeking damages for defamation. The Trial Judge found in Mr Deftoros favour awarding $40,000 in general damages. The Court held the hyperlink to the article conveyed the "defamatory imputation that [Mr Deftoros] had