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Google found guilty in 'landmark' defamation case

Source : ANI
Last Updated: Wed, Oct 31, 2012 17:53 hrs
The Google logo is seen as Google Executive Chairman Eric Schmidt speaks at a promotional event for the Nexus 7 tablet in Seoul

A 42-year-old Australian man has reportedly won a landmark defamation case against Google after images of him were published alongside gangland figures in the firm's search results.

The man also claimed that a Google search for his name brought up stories about an unsolved shooting in 2004, causing damage to his reputation, leading him to be ostracised within his migrant community.

A jury found Google liable for defamation in the Victorian Supreme court, making it the first in Australian history.



According to News.com.au, the man told News Ltd that he was pleased by the decision.

"This has been a big long battle I wouldn't wish on my worst enemy. I've lived in Australia (for) 41 years. This case is not about money, it's about protecting my family, my children and reputation," he added.

According to the report, the jury had to deliberate on two separate issues. First was the publication of a photo of the man that appeared on Google's image search.

The second had to do with a URL that appeared on Google's web search that linked to a web page containing the defamatory content, which included the man's image.

Google argued that it could not be a publisher as a matter of law as search engine operators are 'active intermediaries'.

The Victorian supreme court, however, rejected Google's argument, the report said.

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