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 Posté le: Dim Sep 22, 2013 8:25 am Sujet du message: Screen Play |
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Screen Play Gadgets on the Go The Geek IT Pro Digital Life Home Tech Car Tech Cameras MP3s Mobiles Computers Games How-To Compare & Save Mobile Plans Broadband Plans You are here: Home Technology Technology News Article Holiday home owner loses fight with Google NSW Technology News Digital Life News Date September 6, 2013 (1) Read later Natasha Wallace Tweet Pin It submit to reddit Email article Print Reprints & permissions Untouchable: Google. Photo: Getty Images Google Australia appears to be untouchable when it comes to defamatory material posted on its search engine after a court agreed it was not the publisher but merely a local arm of its American parent. The decision follows similar cases around the world, including in Britain, Ireland and New Zealand, where courts have found that the subsidiaries of American giant Google Inc are unable to remove URL links and information from the Google Search index and are therefore not responsible. Newcastle doctor Ratna Ghosh had sued Google Australia in the NSW District Court over a critical blog about a holiday home she owns on the Gold Coast, which included unflattering photos of the property. Dr Ghosh is also suing the man who wrote the blog, Rodney Miller, as well as six other people over their alleged defamatory remarks in relation to her holiday house. Advertisement In her statement of claim, Dr Ghosh alleged that Google Australia operated as a "feed, constantly updating more and more slander from all defendants". She claimed the blogs were "repeatedly attached and sent to all listing holiday rental websites" by "all defendants, urging each successive holiday rental website to remove the plaintiff's listings". In separate proceedings,[url=http://www.longchamp-handbags-outlet.net]longchamp le pliage[/url], Dr Ghosh is also suing media outlets including Channel Nine after A Current Affair aired a "naked neighbours" story on the property about parties held there, as well as the Fairfax-owned holiday listings company Stayz, which had removed the property from its site. In the case against Google Australia, a key issue was whether a local subsidiary company can be considered as the publisher of material on websites published by a foreign holding company, which in this case is Delaware-based Google Inc. Last month, Judge Judith Gibson found Google Australia was correct in claiming that it was not responsible for the day-to-day operations of Google Inc and is also not authorised or able to control its conduct. Judge Gibson ordered that Dr Ghosh pay Google Australia's court costs. Google Australia had also said it does not own,[url=http://www.longchamp-handbags-outlet.net]longchamp sale[/url], operate or control the Google Inc service Blogger, on which the material allegedly written by Mr Miller appeared. Judge Gibson ordered that any future claims against the other parties be amended and stood the case over until October 10 to the Newcastle District Court. Dr Ghosh did not return calls. Patrick George, a senior partner at law firm Kennedys, said the case illustrated how difficult it is to sue Google Australia for defamation. But to sue Google Inc is costly and more complicated, Mr George said. "You have to sue Google Inc … It's not impossible but it's difficult logistically," he said. "Is it fair? It's the result of having the internet, which is a global thing.''
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