Tag Archives: internet

Google Australia not a publisher: Rana v Google Australia Pty Ltd [2013] FCA 60

In asserting that it is not a publisher of its search engine results, Google has at last had a win, of sorts, in the Federal Court. But the win was not as emphatic as Google would have liked, and certainly … Continue reading

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Google wins but loses again, now in UK: Tamiz v Google Inc [2013] EWCA Civ 68

Payam Tamiz, an English Conservative politician who had been running for the local elections in Thanet, sued Google for anonymous comments on a blog that was created on Google’s blogger platform, “London Muslim”. The comments were posted between 28 and … Continue reading

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Google wins ACCC battle in High Court, but has it lost the defamation war?: Google Inc v ACCC [2013] HCA 1

In 2012, the Full Court of the Federal Court held that Google engaged in misleading or deceptive conduct, in breach of s.52 of the Trade Practices Act because if a person searched for four particular businesses, misleading or deceptive sponsored … Continue reading

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Emphatic win for Aspergers’ Advocate: Gluyas v John Best Junior [2013] VSC 3

Now 47, Philip Gluyas was 31 when he was diagnosed with Asperger’s Syndrome. On the one hand, Asperger’s can mean that a person has difficulties empathizing with people and dealing with social interactions that many people take forgranted. On the … Continue reading

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Tanzanian Tycoon’s Claim Falls Flat: Mengi v Hermitage [2012] EWHC 3445

In 2004, Sarah Hermitage, an English solicitor, and her husband, Stewart Middleton, an agronomist, bought a lease to the Silverdale Farm in Tanzania for $112,000. They wanted to live there peacefully and build up an agricultural business, exporting vegetables to … Continue reading

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$200,000: Trkulja’s Second Big Win to Send Google into a Frenzy: Trkulja v Google Inc [2012] VSC [2012] VSC 533

In Silicon Valley, Google’s legal representatives will now be acquainting themselves with Australian defamation law and grimacing a lot, as for what seems to be the first time, a common law court has determined that, for the purposes of defamation, … Continue reading

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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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Strike Two for Rugby League Follower: Palavi v Queensland Newspapers Pty Ltd [2012] NSWCA 182

On 16 and 17 April 2010, Queensland Newspapers published an article on its website which Charmyne Palavi, a mother of 3 and rugby league follower, claimed conveyed imputations that she was “a slut” and “a pub slut”. Two days after … Continue reading

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Blogging in Canada goes back to trial: Baglow v Smith [2012] ONCA 407

Mr Baglow, a retired public servant in Canada, operates a left-wing blog called “Dawg’s Blawg”, where he used the pseudonym, Dr Blawg. Roger Smith is a right-wing kind of guy who writes on blogs like “Free Dominion” and others. If he … 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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