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2. N J Young QC with L G De Ferrari SC for the respondent (instructed by Ashurst Australia) Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

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Trkulja v. Google LLC

Case Law

Country

Australia

Country Location

Latitude: -24.13114257073859

Longitude: 135.63642619925068

Country Location (linked Case Law): Australia

Decision Date: Jun 13, 2018

Case Status: Closed

Case Outcome (Procedural)

Reversed Lower Court

Case Outcome (Disposition)

Law or Action Upheld

Keywords

Defamation

Judicial Body: Supreme Court (court of final appeal)

Case Number: [2018] HCA 25

Case Summary: The High Court of Australia found Google liable for defamation for certain search results appearing in Google searches. Google images displayed pictures of Mr. Trkulja along with various convicted criminals as the search result of the phrases, “Melbourne criminals” and “Melbourne criminal underworld figure,” and further, auto-complete predictions on Google for “michael trk” displayed phrases such as “michael trkulja criminal.” On the basis of these, Mr. Trkulja alleged that Google published defamatory images between 1 December 2012 and 3 March 2014 to persons in Victoria. The High Court disagreed with the ruling of the Court of Appeal and found Google to be the publisher. Further, the High Court found the material published to be capable of being defamatory, since some search results could have caused defamatory imputations in the mind of ordinary reasonable viewers.

Case Significance: The decision establishes a binding or persuasive precedent within its jurisdiction.

Related Caselaw (self)

Trkulja v. Google LLC

Source URL: Columbia Global Freedom of Expression

Primary Documents

MILORAD TRKULJA v Google.pdf
English
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CYRILLA: Global Digital Rights Law

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Trkulja v. Google LLC

Primary Documents

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