SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCI 2018 0081
| GEORGE DEFTEROS | Applicant |
| v | |
| GOOGLE INC LLC | Respondent |
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| JUDGES: | BEACH, HARGRAVE JJA and SIFRIS AJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 25 July 2018 |
| DATE OF JUDGMENT: | 25 July 2018 |
| MEDIUM NEUTRAL CITATION: | [2018] VSCA 176 |
| JUDGMENT APPEALED FROM: | [2018] VSC 375 (Macaulay J) |
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DEFAMATION – Publication – Publication of results of internet search engine – Whether owner of internet search engine is a publisher of the results of searches – Google Inc v Duffy (2017) 129 SASR 304 and Trkulja v Google LLC [2018] HCA 25 referred to.
PRACTICE AND PROCEDURE – Application for leave to appeal – Pleadings – Whether judge erred in failing to strike out pleadings denying that search engine proprietor was a publisher of search results – Primary judge’s decision correct – Application for leave to appeal refused – Supreme Court (General Civil Procedure) Rules 2015, r 23.02.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr P Heywood-Smith QC with Mr E Guthrie | Defteros Lawyers |
| For the Respondent | Ms G L Schoff QC with Ms L De Ferrari SC | Johnson Winter & Slattery |
BEACH JA
HARGRAVE JA
SIFRIS AJA:
The applicant (George Defteros) is the plaintiff in a defamation proceeding currently being managed in the Common Law Division.[1] The respondent (Google Inc LLC) is the defendant in that proceeding. In his amended statement of claim, the applicant alleges that, in 2016, the respondent published certain ‘web matter’ which was defamatory of him. In broad terms, the web matter is alleged to consist of a search result returned from the entry of certain search parameters into the respondent’s search engine; and an underlying web page, accessed via a uniform resource locator (URL) hyperlink for that underlying web page. The claim for publication is confined to publication after the applicant gave notice to the respondent that publication was occurring as a result of the use of the respondent’s search engine.
[1]At the time of the order the subject of the present application, the proceeding was fixed for hearing in August 2018. That hearing date, however, has now been vacated as a result of further issues relating to discovery arising between the parties.
In its defence,[2] the respondent denies that it published the web matter. Additionally, the respondent makes a number of affirmative pleas, including that it is not the publisher of results that are returned to a user of its search engine; that it is not the publisher of any third party document hyperlinked to the result of a search using its search engine; and that it is not the publisher of any third party document to which a user of the search engine may navigate as a result of performing a search using its search engine.
[2]The current form of which is an amended defence to an amended statement of claim dated 16 October 2017.
In May 2018, the applicant filed a summons (‘the summons’) seeking to strike out, pursuant to r 23.02…
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- AGLC
- George Defteros v Google Inc LLC [2018] VSCA 176
- Case
- [2018] VSCA 176
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether Google was a publisher of the search results and, if so, whether the primary judge erred in not striking out the pleadings that denied this. The court considered previous cases such as Google Inc v Duffy and Trkulja v Google LLC, which had established that a search engine proprietor was not a publisher of search results. The court held that the primary judge was correct in dismissing the plaintiff's claim and denying Google's application to strike out the pleadings. The court found that Google was not a publisher of the search results, as it did not exercise editorial control over the content that appeared in the search results.
The court refused the plaintiff's application for leave to appeal the decision. The court found that the primary judge had correctly applied the relevant legal principles and that there was no error in the judge's decision. The court emphasised that the proprietor of a search engine was not a publisher of the search results and therefore could not be held liable for the content that appeared in the search results. The court also noted that the plaintiff's pleadings were insufficient to establish that Google was a publisher, and that the primary judge had correctly dismissed the claim. The court concluded that the application for leave to appeal should be refused.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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