No liability for Australian subsidiary for offshore website

Download document:

No liability for Australian subsidiary for offshore website - .PDF file.

The Federal Court has dismissed defamation and discrimination claims against Google Australia Pty Ltd finding that Google Australia has no ability to control or manage the Google search engine. The case was Rana v Google Australia Pty Ltd [2013] FCA 60. This case also examines the liability of technology intermediaries, and highlights the lack of clarity in the law of defamation as it relates to search engines, and the hosting of third-party websites and blogs.

The Plaintiff, Mr Rana, claimed damages from Google Australia and Google Inc. for publishing discriminatory and defamatory material. The statements in question were authored by another respondent, Nina Gregurev.

The adverse statements questioned the honesty, mental health and financial state of Mr Rana. Mr Rana claimed Google Australia and Google Inc. were liable for defamation for hosting the relevant websites and making the material available through Google search engine results…

If you are registered and logged in to the site, click on the link below to read the rest of the King & Wood Mallesons briefing. If not, please register or sign in with your details below.