KT v Google LLC (No 2)

In the case of KT v Google LLC (No 2), the plaintiff, KT, brought an action against Google LLC, alleging defamation and intentional interference with economic relations. The matter was heard in the Federal Court of Australia. The plaintiff claimed that Google published defamatory statements about her on its YouTube platform, which resulted in significant harm to her reputation and economic interests. Google, in turn, argued that the statements were protected by the defence of fair reporting and that the plaintiff had not suffered any damages as a result of the publication.

The court was required to determine several key issues, including whether the statements published by Google were defamatory, whether Google had a defence under the fair reporting doctrine, and the extent of any damages suffered by the plaintiff. The court also had to consider the issue of costs, particularly in relation to the quantum and apportionment of those costs between the parties.

The court found that the statements published by Google were indeed defamatory, as they conveyed a meaning that tended to injure the plaintiff's reputation. However, Google's defence of fair reporting was upheld, as the court determined that the statements were substantially true and that Google had acted without malice in publishing them. The court also found that the plaintiff had not suffered any significant economic harm as a result of the publication. In relation to costs, the court ordered that Google pay a portion of the plaintiff's legal costs, but the amount was significantly reduced due to the plaintiff's limited success in the proceedings.

The final orders of the court included a declaration that the statements published by Google were defamatory, but also that Google was protected by the defence of fair reporting. The court ordered Google to pay a reduced amount of the plaintiff's legal costs, reflecting the limited success achieved by the plaintiff in the proceedings.