In a major reversal, Australia’s highest court found Google not liable for defamatory content linked through search results, ruling that the Alphabet subsidiary “was not a publisher” of the objectionable content. Google was sued for defamation for a 2004 article appearing in its search engine results, and both the trial court and a circuit court of appeals held Google responsible as a “publisher” because it was instrumental in circulating the contents of the offending article. The lower courts rejected Google’s reliance on the statutory and common law defenses of innocent dissemination and qualified privilege. Continue reading Australia’s Highest Court Rules Google Links Not Defamatory

The Parliament of Australia is preparing to crackdown on social media trolls by preparing legislation that will hold companies legally responsible for defamatory material posted to their sites. A draft of the proposed law would require companies to have formal complaint processes in place to report online abuse and require they provide complainants with the identities of alleged bullies once certain criteria are met. The proposed legislation is scheduled to be released this week, and expected to come before the Parliament next year. It is part of the country’s broader effort to overhaul defamation laws. Continue reading Australia Is Opening Door to Social Media Defamation Liability

The High Court of Australia upheld a lower court ruling that found media companies — including newspapers and TV stations — that post on Facebook are liable for Facebook users’ comments on those posts. It stated that, by creating a public Facebook page, media outlets “facilitated and encouraged comments” from users and are responsible for defamatory content. News Corp Australia, a subsidiary of News Corp, and Nine Entertainment, which owns the Sydney Morning Herald, called for legislators to protect them from liability. Continue reading Australian Court Holds Media Firms Liable for User Comments