Google 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.…