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The High Court of Australia has ruled that Google is not the publisher of the websites it links to in search results.
A majority of High Court judges ruled on Wednesday that Google was not the publisher of a defamatory article written by The Age about a Victorian lawyer because it is a search engine that only provides hyperlinks to such content.
A joint statement by Chief Justice Susan Kiefel and Justice Jacqueline Gleason said: “In effect, a hyperlink is a device that allows someone to go to another website.”
Google took the case to the High Court in 2021 after the Victorian Court of Appeal rejected George Defteros’ attempt to overturn the defamation suit.
A Victorian court ruled that Google was the publisher of a defamatory article in 2004 because its search results were instrumental in conveying the content to readers.
The US-based search engine argued that providing a hyperlink to a story did not amount to publication and therefore could not be held liable for any defamatory material contained in the story.
The Supreme Court has warned Google that it will be forced to censor its search results if the appeals court’s decision has a “devastating” impact on the way the internet works.
Five of the seven Supreme Court justices found in favor of Google that the search engine’s results “facilitated access only” to the Chronicle, which was not legally sufficient for publication.
“There was no other basis for publication because the appellant [Google] “He was not involved in the writing or dissemination of the defamation case,” the court summary said.
The court rejected his claim that the search results had “misled” the person who wanted to open the website, where a person would have sought specific information before the search results arrived.
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In a separate statement, Judge Stephen Gageler agreed with Kiefel and Gleason, noting that the case is separate from a sponsored link where Google receives advertising revenue.
Judges James Edelman and Simon Steward said the appeal did not ask the court to decide that the conclusion would have been different if it had been a connection fee paid to advertise on Google. You agree that Google is not “in any way” involved in publishing the article.
Judges Patrick Keane and Michelle Gordon said they would reject Google’s appeal.
Defteros had clients including mobsters Alphonse Gangitano and Mario Condello and underworld figure Mick Gatto.
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The lawyer, along with Condello, was charged with conspiring and abetting the murders of the killer, Carl Williams, his father, George, and another man, although the charges against Defteros were later dropped.
Defteros successfully sued Google in 2016, arguing that its arrest for conspiracy and murder had tarnished its reputation.
Google was made aware of the defamatory article in February 2016, 11 years after it was published, but did not remove it until December.
In the year In 2020, Justice Melinda Richards of the Supreme Court of Victoria ruled that Deftoros had crossed the line from professional lawyer to confidante and friend of criminal elements and ordered him to pay $40,000 in damages.
This finding was upheld by the Court of Appeal, but has now been overturned by the High Court.
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