UK: High Court considers role of search engine operator as publisher

The High Court has held that Google Inc. could not be regarded as the publisher of words alleged to be defamatory which appeared in search results. The search engine operator had been joined in proceedings for defamation because internet searches on certain terms, including one of the claimant's trading names (Train2Game), brought up a thread "Train2Game new SCAM for Scheidegger" from a bulletin board which the claimant said was defamatory of it. Eady J found that, given that the search results were generated automatically, and that Google Inc. had blocked access to specific URLs identified by the claimant, but had no control over formulating search terms, so that it could not otherwise remove offending material, it was unrealistic to attribute responsibility for publication to Google Inc., whether on the basis of authorship or acquiescence. Eady J also considered various arguments regarding the application of section 1 of the Defamation Act 1996 to the facts, and the potential relevance of the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013) to providers of search engine services. Case: Metropolitan International Schools Limited v (1) Designtechnica Corporation, (2) Google UK Limited, (3) Google Inc. [2009] EWHC 1765 (QB), 16 July 2009.

(source: practical law)