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Google Reportedly Loses Defamation Case In Australia

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Google Reportedly Loses Defamation Case In Australia
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Google has lost a defamation suit in Australia, which could have bigger ramifications for how it handles situations when people complain about search results.

A man from Melbourne sued the search giant after he tried to get Google to remove images of him alongside a well known criminal from the country. A Supreme Court Jury reportedly found that the man, Michael Trkujia, had indeed been defamed. He had contacted Google, but no action was taken. It appears to be that knowledge of the situation on Google’s part (along with its lack of action) that has led to the legal defeat.

The case could set a precedent which could affect sites beyond just Google.

“Websites that link to offensive material may no longer be able to hide behind the defence that they are not technically publishers,” reports the Sydney Morning Herald, which quotes Mr Trkulja’s barrister:

“They have to take some responsibility for what passes through their search systems, for what they index,” said Mr Trkulja’s barrister Christopher Dibb.

Mr Dibb said there is no reason why the same would not apply to social networks such as Facebook and Twitter, if they were issued with a takedown notice.

According to the Telegraph, Trkulja was awarded $225,000 in damages.

Google has had a long and storied history when it comes to defamation issues.

Last December, Google was fined $65,000 in France for defaming search suggestions. In 2010, Executive Chairman (and at the time, CEO) Eric Schmidt himself was convicted of defamation in that country, due to search suggestions.

In 2008, Google was ordered in India to identify an anonymous blogger in a defamation suit filed by a construction company.

Last month, a judge in Brazil ordered the arrest of Google’s President of Operations in the country, Fabio Jose Silva Coelho, when Google did not remove YouTube videos that contained remarks that were deemed “disparaging” about a mayoral candidate in the city of Campo Grande.

Google has not responded to our request for comment.

Google Reportedly Loses Defamation Case In Australia
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  • http://damescribe.hubpages.com Gin

    I think a lot of huge corporations that behave badly towards consumers will set precedents in the judicial system. After all, the gov’t is supposed to protect it’s people.

  • http://www.mycountryrealestate.com.au Wilf Staton

    To true, far to often these conglomerates hide behind these sort of reasons.

    Sort of like “I was only following orders” that was Hitlers minions excuse for atrocities.

  • http://www.cobwebseo.com/ seo kolkata

    I think justice is not done with Google. Google Search Result is not created by human being, it is a algorithm. If people do some unethical job with bad intention Google Algorithm can’t prevent it. No doubt Michael Trkujia has facing a humiliating situation but goggle is not responsible for that. Michael urged for removal but Google has a huge volume of such request and they needs more time for those request. I think Google paid penalty which was not its due.

    • http://webperson Milorad

      You are moron
      Google can remove in 5 second if they want
      you must be working for Google/

    • http://webperson Milorad

      I think justice is done with Google. Google Search Result is created by human being, it is a algorithm. If people do some unethical job with bad intention Google Algorithm can prevent it. No doubt Michael Trkujia has facing a humiliating situation but goggle is fully responsible for that. Michael urged for removal but Google has a huge volume of such request and they needs 5 second to remove any images. That was the Evidence given in this case by Google engineer.
      I think Google should paid penalty to all victims world wide.

      You must be working for Google or you have no brain. All Google Algorithm program is created by humen bean and controle by humen been.
      Milorad Trkulja
      Melbourne Australia
      igoogle@bigpond.com

  • http://webpronews michael

    i think its not good

  • http://www.webpronews.com/google-reportedly-loses-defamation-case-in-australia-2012-11 Milorad aka Michael Trkulja

    SEO KOLKATA :With all respect you donot now what you talking.
    Google Search Result is created by human being, it is a algorithm and controled by humen being. The Court heard evidence in this poceeding from USA Head of Google Engineer who controle the algorithm Mr Maddem give evidence that if google want to remove any images from search engine they would take 5 seconds only to remove. If people do some unethical job with bad intention Google Algorithm can prevent it. I Michael Trkulja have been facing a humiliating situation and Google is fully responsible for that.

    I belive that over 500.000 complaintse a day urged for removal but Google making money on world wide. They do not care who they heart in process.

    My Case is the first in the world were Google must be all acontoble for distroying Familly world wide.

    MILORAD aka Michael Trkulja v the evil Google Inc and Google Australia Pty Ltd Supreme Court Melbourne Australia

    Tomorrow can happen to any innocent person world wide.

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