Google LLC v Defteros: Defamation, Publication and Hyperlinked Search Results

Abstract

This case note examines the High Court of Australia’s decision in Google LLC v Defteros, in which a majority of the Court held that Google was not liable as a publisher of defamatory matter to which its search results, generated in response to a user query, linked. It explores the increasingly convoluted application of the principles of defamation law — specifically, the element of publication — to search engine operators and other internet intermediaries in the digital age. It argues that the High Court’s decision in Google LLC v Defteros, while more pragmatic than past jurisprudence in this area, ultimately raises more questions than it provides answers. In particular, it explores three fundamental issues: whether any clear ratio decidendi can be discerned from the Court’s decision; the problems with following Crookes v Newton, a persuasive Canadian decision which the majority relied on most heavily in this case; and the significance of the Court’s decision within the context of the ongoing national defamation law reforms.