- 8 A A 31. One of the difficulties with a defamation claim based on the publication of search results using Google or other search engines is that the relevant audience is necessarily confined to the class of persons who have undertaken a Google search using terms that identify the relevant defamatory web page according to the search engine's algorithms. There is no basis in the pleading or in the evidence on the present application (beyond speculation) for apprehending any likelihood that there are more than three people in that class in the present case.” B C D E F 14. But Mr Ng, counsel for Yeung, has reminded that in between B C D E F paragraphs 29 and 31 of the judgment in Bleyer, McCallum J also said as G G follows: H “30. That is not to say that the number of actual downloads identified in any individual case will always be determinative as to the likely scope of publication. It is always open to a plaintiff to identify additional facts, matters and circumstances on the strength which a wider scope of publication may be inferred, such as the popularity of the relevant website, the public profile of the plaintiff and any other factor pointing to the likelihood of the defamatory web page being downloaded by a broader range of people. No such particulars are given here.” (my emphasis) I J K L M H I J K L Mr Ng has argued that the present circumstances are a far cry from the M situation in Bleyer where the plaintiff did not provide any particulars N from which a broader range of publication could be inferred. O O 15. P N In my view, Bleyer plainly acknowledges that publication can be inferred if appropriate factual foundation for such inference to be P drawn is laid before the court. In that case, the plaintiff failed to identify Q Q further facts from which to infer a wider publication, so there was no R basis, beyond speculation, that more than three people had ever accessed R the search results. But here, in Part VIII(a) and (c) of the Decision, S S I have discussed the legal principles drawn from relevant authorities as T well as the contextual background of the alleged defamatory Words, T U U V V