NET WATCH
Noted FYI:
Google, the world’s biggest search engine, is being sued by a London businessman in a landmark legal action that could hold the US-based company liable for the publication of inaccurate, malicious or damaging material on the internet.
The case, the first of its kind in this country that seeks to make search engines responsible for the content of the internet - could trigger severe restrictions on the free flow of information on the web.
…internet experts warned that if the action was successful it would mean Google could be held liable for the content of 11.5 billion web pages.
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The allegations are believed to have originated in America, where it is much more difficult to succeed in a libel claim.
US judges have ruled that search engines and other third party internet service and product providers are immune from defamation lawsuits. But in Britain, similar legal protection is conditional on the company not having notice of the complaint. And in Britain that area of the law is yet to be fully tested.
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A successful defamation ruling against a search engine such as Google would have dramatic consequences for thousands of similar organisations or internet product providers which refine, channel and forward information. The reason that has not already happened is that the Defamation Act 1996 offers a defence to an internet product or service provider where it can claim it is unaware of defamatory or potentially defamatory material it is hosting or material arising from a search result. This protection is supported by the Electronic Commerce (EC) Directive, 2002. But the Defamation Act stipulates that once the company has been put on notice about a complaint it must take action to remove the material or block access. Article
