- 16 A
B
A
views in the common law jurisdictions and the binding broad principles
B
in Fevaworks Solutions Ltd that may make it easy for a first instance
C
C
court to traipse down a wrong path.
D
D
29.
E
F
Mr Ng has suggested that I should let the present action
proceed and take its course for the factual circumstances to be elicited at
trial in order to properly inform any development in internet defamation
E
F
law in such “different context”, and he has further reminded that after all
G
H
Yeung is only required to show a good arguable case that Google Inc was
a publisher of the Words. But having considered the arguments by Mr
G
H
McCoy SC and Mr Ng, and the matters discussed in Part VII below,
I
J
I have come to the view that leave to appeal should be granted on the
“some other reason in the interests of justice” limb so that the Court of
I
J
Appeal can impart their wisdom on the implications of divergent views in
K
K
international jurisprudence for this jurisdiction.
L
L
30.
M
N
Finally, Mr McCoy SC has suggested that Google Inc’s
ability to censor materials by manually editing results is neither here nor
there.
I am not particularly persuaded by such argument.
Indeed,
M
N
recent demonstration of willingness on the part of Google Inc to
O
P
undertake the massive task of dealing with removal requests to comply
with the decision of the Grand Chamber of the European Court of Justice
O
P
involving Google Spain SL20 arguably supports the conclusion that
Q
R
“there is room for factual debate as to what further blocking steps, if any,
would be open for Google Inc to take or how effective they may be”,
Q
R
which also adds colour to the argument that Google Inc may be viewed as
S
T
S
20
see footnote 17 above
T
U
U
V
V
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