Google, Inc v Dmitri Rytsk

Case

[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.
Details

Areas of Law

  • Civil Procedure

  • Commercial Law

Legal Concepts

  • Abuse of Process

  • Jurisdiction

  • Stay of Proceedings

  • Res Judicata

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