The liability of search engines and tech companies in defamation law

Gray, Anthony (2019) The liability of search engines and tech companies in defamation law. Tort Law Review, 27 (1). pp. 18-36. ISSN 1039-3285


Abstract

A Standing Committee is currently considering reform to Australia's uniform defamation laws. This article suggests that reform is needed in relation to tech companies, partly due to recent cases that have determined that companies such as Google are publishers of material available through their search engines, as are those who operate websites where members of the public may post comments. It is argued that such companies ought not to be considered publishers for the purposes of defamation law, because that will chill the provision of such services and reduce interaction among members of society, and reduce information flows.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to Published version, in accordance with the copyright policy of the publisher.
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Date Deposited: 24 Sep 2019 04:44
Last Modified: 25 Sep 2019 04:38
Uncontrolled Keywords: publishers, defamation law, Google, tech companies, Facebook, newspapers, media, reform
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180126 Tort Law
Fields of Research (2020): 48 LAW AND LEGAL STUDIES > 4806 Private law and civil obligations > 480605 Tort law
Socio-Economic Objectives (2008): C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/37139

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