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It seems like under Australian law there's a concept of a "secondary publisher" of defamatory content, which would typically be a bookstore or library. So, the
by cool_dude85 3y ago
It seems like under Australian law there's a concept of a "secondary publisher" of defamatory content, which would typically be a bookstore or library. So, the actual publisher, author, etc. can be held liable for defamation, but also, if the bookstore has been notified that it is selling a defamatory book and does not take it off the shelf, it too can be held liable.
In this case, the woman notified Google that their search results for her were defamatory, Google did not take them down, and Google was held to be a secondary publisher because their algorithm actively determined what URL to show, what snippet to show, etc.
- lesuorac 3y agoWell a bit more than that. The second lawsuit was about the auto-complete where ever time you searched her name it'd suggest appending "psychic stalker" to it. So it'd be more akin to every time you ordered coffee from startbucks they wrote down "Dude, Physic Stalker" on your cup every time.
- fasthands9 3y agoI don't think that would be speech that you could sue over, in the US or Australia. You are allowed to insult people personally, just there are restrictions if you publish defamatory speech.