Google, Inc v Dmitri Rytsk
Case
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[2008] ATMO 40
•28 May 2008
Details
AGLC
Case
Decision Date
Google, Inc v Dmitri Rytsk [2008] ATMO 40
[2008] ATMO 40
28 May 2008
CaseChat Overview and Summary
The dispute in *Google, Inc v Dmitri Rytsk* concerned allegations of defamation brought by Mr Dmitri Rytsk against Google, Inc. The matter was heard in the Supreme Court of New South Wales.
The primary legal issue before the Court was whether Google, as the provider of a search engine, could be held liable for defamatory material published on third-party websites that appeared in its search results. Specifically, the Court had to consider the application of the defence of innocent dissemination and the extent to which a search engine operator could be considered a "publisher" of defamatory content.
Justice Nancarrow found that Google, by providing a search engine that indexed and linked to third-party websites, did not itself publish the defamatory material in the manner contemplated by defamation law. The Court reasoned that Google's role was akin to that of a conduit or index, and that the defamatory content originated from and was published by the third-party website operators. Consequently, Google was not liable for the defamatory material.
The primary legal issue before the Court was whether Google, as the provider of a search engine, could be held liable for defamatory material published on third-party websites that appeared in its search results. Specifically, the Court had to consider the application of the defence of innocent dissemination and the extent to which a search engine operator could be considered a "publisher" of defamatory content.
Justice Nancarrow found that Google, by providing a search engine that indexed and linked to third-party websites, did not itself publish the defamatory material in the manner contemplated by defamation law. The Court reasoned that Google's role was akin to that of a conduit or index, and that the defamatory content originated from and was published by the third-party website operators. Consequently, Google was not liable for the defamatory material.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Commercial Law
Legal Concepts
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Abuse of Process
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Jurisdiction
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Stay of Proceedings
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Res Judicata
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Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
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