Category Archives: Publication

One Small Step for Mr Trkulja, One Giant Leap for GoogleKind: Trkulja v Google Inc [2012] VSC

In February this year, Milorad Trkulja, a Melbourne Music Promoter sued Yahoo!. What had happened was that if a person searched his name on Yahoo!, the results contained links to an article that linked him to the Melbourne underworld. While … Continue reading

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Solicitors’ defamation law argument fails: David v Abdishou [2012] NSWCA 109

The appellants (who were the plaintiffs at the trial) were solicitors who acted for Karl Suleman. In 2000 and 2001, Suleman induced many members of the Assyrian community in Sydney to invest in his supermarket trolley business, which ultimately collapsed. … Continue reading

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Black is Back in Ontario: Breeden v Black [2012] SCC 19

The term “libel tourist” is a term bandied about by defamation defendants to suggest some sort of impropriety by a defamation plaintiff.  The point that publishers seem to make is this: where something is published all around the world, the … Continue reading

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Google liable for its misleading search results: ACCC v Google Inc [2012] FCAFC 49

In terms of defamation, there hasn’t been a case in Australia that considers whether Google Inc in America is a publisher of indexed search results from its search engine. In England, a single judge has concluded that Google is not … Continue reading

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Music promoter wins $225,000: Trkulja v Yahoo! Inc LLC & Yahoo! 7 Pty Ltd [2012] VSC 88

Michael Trkulja was born in Yugoslavia in 1950. He migrated to Australia at 20 and in the early 1970s, while working in a travel agency business, began promoting singers and entertainers in the Yugoslav community. His work as a music … Continue reading

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Electric car case against Top Gear written off: Tesla Motors Ltd v BBC [2012] EWHC 310 (QB)

On 14 December 2008, Top Gear broadcast a show that featured an electric car made by the Claimants, a Roadster. Its body was similar to a Lotus Elise, a petrol powered car and the Top Gear episode showed a race … Continue reading

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Google not liable for blogger.com: Tamiz v Google Inc and Google UK Limited [2012] EWHC 449 (QB)

In blogger.com, Google provides a platform on the internet for bloggers all around the world, to write what they want for free.  These blogs now contain more than a trillion words and 250,000 new words are added every minute. That … Continue reading

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Hyperlink is not publication in Canada: Crookes v Newton 2011 SCC 47

The Full Court of the Canadian Supreme Court recently considered a simple question, but one which will have a profound impact on communications in the common law world: Is a hyperlink a “publication” for the purposes of defamation law? While … Continue reading

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