A recent Irish case illustrates the difficulties an innocent person who is defamed on social media can face in trying to get the material removed, particularly where the Internet intermediaries who may have the ability to help refuse to cooperate. In McKeogh v Facebook Ireland Limited et al, Record No. 2012/254P, High Court Ireland, May 16 2013, the Irish High Court came up with a novel solution – require the Internet intermediaries, in this case Google and Facebook, to order their experts to meet with the defamed person’s expert to come up with a solution that can be incorporated into a mandatory injunction.
Posts Tagged ‘search engines’
Is a search engine liable for publishing defamatory materials that are assembled for the first time in an automated manner by its programmed computers? In the recent Australian case Trkulja v Google Inc LLC & Anor (No 5)  VSC 533 (12 November 2012), a jury found Google liable. The trial judge confirmed the jury’s ruling holding that search engines are publishers for the purposes of defamation law when their computers produce and put together search results in accordance with their intended operation.
Last Thursday the Government of Canada introduced into the House of Commons Bill C-11, an Act to Amend the Copyright Act. In a press release describing the Bill, Heritage Minister James Moore and Industry Minister Christian Paradis, stated that the Bill will ensure that Canada’s copyright laws “are modern, flexible, and in line with current international standards” and will “protect and help create jobs, promote innovation, and attract new investment to Canada.”
UK Culture Secretary Jeremy Hunt wants action to protect and encourage investment in intellectual property. In a Speech given to the Royal Television Society on September 14, 2011 he signaled that the UK was exploring all options available to do so. This includes making it more difficult for online sites that contribute to piracy to stay online and making search engines take reasonable steps to make it harder to access sites that a court has deemed contain unlawful content or promote unlawful distribution of content.