Google Inc v Duffy

The Full Court of the Supreme Court of South Australia heard an appeal by Google Inc. against a judgment of a single judge who had found Google liable for defamation concerning certain search results generated by its search engine. Dr. Duffy, the respondent, alleged that Google had published defamatory material about her by making it accessible through its search engine.

The central legal issues before the Full Court were whether Google had published defamatory material, and if so, whether it could rely on any defences, such as qualified privilege or justification. Specifically, the court considered whether Google's act of providing search results that linked to defamatory content constituted publication in the legal sense, and whether Google had taken reasonable steps to remove the defamatory material once notified. The court also examined the application of the defence of qualified privilege to internet search engines and the requirements for establishing substantial truth or contextual truth as a defence.

The Full Court affirmed the trial judge's findings that Dr. Duffy had provided Google with sufficient notice of the defamatory material and that Google could have reasonably prevented its search engine from generating the offending results within a specified timeframe. The court held that a search engine operator can be liable for defamation if it publishes defamatory material and fails to take reasonable steps to remove it after receiving notice. The court found that Google's provision of search results linking to defamatory content constituted publication. Furthermore, the court determined that Google had not established a defence of qualified privilege, as the circumstances did not meet the requirements for such a defence in relation to the publication of defamatory material by a search engine.

The Full Court dismissed Google's appeal, upholding the trial judge's finding of liability and the assessment of damages. Google was ordered to pay the costs of the appeal.