Search engine liability

Search engine liability for defamation: Duffy v Google(2)Search engine liability for defamation: Duffy v Google(2)



Dr Janice Duffy has been pursuing Google for redress for many years in her quest to hold Google accountable for its refusal to proactively de-index defamatory material posted on the notorious site RipoffReport.com. In a recent decision, DUFFY v GOOGLE LLC [2023] SASC 13 (3 February 2023), she finally prevailed in her defamation claim against Google. In ruling for her, an Australian court confirmed that search engines can be liable for defamation when they fail to de-index snippets that are defamatory, or when snippets entice or encourage searchers to access links that are defamatory.…

AI Ethics and the Law

AI Ethics and the Law, a Webinar for the Digital SuperclusterAI Ethics and the Law, a Webinar for the Digital Supercluster



I had the pleasure earlier today to participate in a Webinar with Carole Piovesan on the important topic of AI Ethics and the Law. It was a presentation for the Digital Supercluster and was attended by the ecosystem of individuals and organisations associated with that supercluster as well as other superclusters such as the Scale AI supercluster.

A copy of our respective slides are shown below.

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Digital Charter Implementation Act and CPPA

CPPA: problems and criticisms – automated decision makingCPPA: problems and criticisms – automated decision making



Canada is planning to revamp its comprehensive privacy law by repealing the existing comprehensive privacy law, PIPEDA, and by enacting Bill C-27, the Digital Charter Implementation Act (“DCIA”) to enact the Consumer Privacy Protection Act (CPPA), Personal Information and Data Protection Tribunal Act (PIDTA), and Artificial Intelligence and Data Act (AIDA). Bill C-27 replaced Bill C-11 (the former drafts of the CPPA and PIDTA). While the DCIA attempts to rectify some of the criticisms with Bill C-11, many of the problems remain and problems have emerged in the new Bill.…

Digital Charter Implementation Act and CPPA

CPPA: problems and criticisms – anonymization and pseudonymization of personal informationCPPA: problems and criticisms – anonymization and pseudonymization of personal information



Canada is planning to revamp its comprehensive privacy law by repealing the existing comprehensive privacy law, PIPEDA, and by enacting Bill C-27, the Digital Charter Implementation Act (“DCIA”) to enact the Consumer Privacy Protection Act (CPPA), Personal Information and Data Protection Tribunal Act (PIDTA), and Artificial Intelligence and Data Act (AIDA). Bill C-27 replaced Bill C-11 (the former drafts of the CPPA and PIDTA). While the DCIA attempts to rectify some of the criticisms with Bill C-11, many of the problems remain and problems have emerged in the new Bill.…

Digital Charter Implementation Act and CPPA

CPPA: problems and criticisms – service provider obligationsCPPA: problems and criticisms – service provider obligations



Canada is planning to revamp its comprehensive privacy law by repealing the existing comprehensive privacy law, PIPEDA, and by enacting Bill C-27, the Digital Charter Implementation Act (“DCIA”) to enact the Consumer Privacy Protection Act (CPPA), Personal Information and Data Protection Tribunal Act (PIDTA), and Artificial Intelligence and Data Act (AIDA). Bill C-27 replaced Bill C-11 (the former drafts of the CPPA and PIDTA). While the DCIA attempts to rectify some of the criticisms with Bill C-11, many of the problems remain and problems have emerged in the new Bill.…

Digital Charter Implementation Act and CPPA

CPPA: problems and criticisms – appropriate purposesCPPA: problems and criticisms – appropriate purposes



Canada is planning to revamp its comprehensive privacy law by repealing the existing comprehensive privacy law, PIPEDA, and by enacting Bill C-27, the Digital Charter Implementation Act (“DCIA”) to enact the Consumer Privacy Protection Act (CPPA), Personal Information and Data Protection Tribunal Act (PIDTA), and Artificial Intelligence and Data Act (AIDA). Bill C-27 replaced Bill C-11 (the former drafts of the CPPA and PIDTA). While the DCIA attempts to rectify some of the criticisms with Bill C-11, many of the problems remain and problems have emerged in the new Bill.…

Digital Charter Implementation Act and CPPA

The Digital Charter Implementation Act: problems and criticisms – the preambleThe Digital Charter Implementation Act: problems and criticisms – the preamble



Canada is planning to revamp its comprehensive privacy law by repealing the existing privacy law, PIPEDA, and by enacting Bill C-27, the Digital Charter Implementation Act (“DCIA”). This law would enact three separate but interrelated laws, the Consumer Privacy Protection Act (CPPA), Personal Information and Data Protection Tribunal Act (PIDTA), and Artificial Intelligence and Data Act (AIDA). Bill C-27 replaced Bill C-11 (the former drafts of the CPPA and PIDTA). While the DCIA attempts to rectify some of the criticisms with Bill C-11, many of the problems remain and problems have emerged in the new Bill.…

Google defamation

Google’s defamation liability: Google LLC v DefterosGoogle’s defamation liability: Google LLC v Defteros



Is a search engine a publisher for defamation purposes when an organic search result returns a hyperlink to materials that are defamatory? According to a divided High Court of Australia in Google LLC v Defteros [2022] HCA 27, it is not. However, search engines may still be liable for defamation if search results encourage or entice users to click on links or if contextually the results amount to adoption or endorsement of the specific content linked to.

The Google case illustrates the struggle courts have in applying common law defamation principles to modern forms of making content available.…

Barry Sookman Supreme Court appellant lawyer

Supreme Court of Canada confirms all acts of making available are covered by Copyright Act: SOCAN v ESASupreme Court of Canada confirms all acts of making available are covered by Copyright Act: SOCAN v ESA



In a decision just released in Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association, 2022 SCC 30, the Supreme Court of Canada confirmed that Canada fully implemented its WIPO copyright Internet Treaty “making available” obligations through a combination of the communication to the public, reproduction, and authorization rights. In doing so, the Court held that any unauthorized act of making a work available online, and any subsequent unauthorized streaming or downloading of the work, are infringing.…