Google LLC v Defteros

The High Court of Australia considered an appeal by Google LLC against a decision of the Full Federal Court of Australia concerning allegations of defamation. The dispute arose from the publication of search results by Google, which the respondent, Mr. Defteros, alleged defamed him. Mr. Defteros claimed that Google was liable as the publisher of the defamatory material.

The central legal issue before the High Court was whether Google could rely on the defence of innocent dissemination, a defence available to those who are not the author, printer, or publisher of defamatory matter, but who are merely distributors. Specifically, the Court had to determine if Google, in its capacity as a search engine operator, qualified as a "distributor" for the purposes of this defence, and if so, whether it had taken reasonable care and did not know, and could not by reasonable inquiry have ascertained, that the matter was defamatory.

The High Court held that Google's automated search engine, which indexes and presents information from the internet, did not constitute "publication" in the traditional sense that would attract liability for defamation. The Court reasoned that Google's role was akin to that of a conduit or index, rather than a publisher actively disseminating defamatory content. The defence of innocent dissemination was therefore not applicable because Google was not considered a publisher in the first instance. The Court found that the search results were not published by Google, but rather by the third-party websites on which they appeared.

The High Court allowed Google's appeal, setting aside the judgment of the Full Federal Court.