138 Further, while it is not possible to edit or delete third-party comments in advance (assuming any comments are allowed), it is possible, by the listing of common pronouns and other common parts of speech, to hide all (or substantially all) comments from third-party users and to vet comments prior to them being rendered available for third-party users. Google searches merely provide results of articles otherwise published, in readable form, on the Internet, but summarises, usually by extract, the gist of an article. 139 There would be an inordinate number of searches and an inordinate number of articles which could be the subject of search. It would, as Kourakis CJ noted, be impossible, in any meaningful way, to attribute to Google advanced knowledge of the contents of every document published on the Internet. 140 I turn then to the judgment of the New Zealand Court of Appeal in Murray v Wishart [2014] 3 NZLR 722; [2014] NZCA 461. This judgment was discussed by Kourakis CJ in Duffy, supra. Murray v Wishart was a judgment on appeal from the High Court of New Zealand in which the appeal was allowed in part. 141 As Kourakis CJ noted, the judgment of the New Zealand High Court was an interlocutory judgment and the judgment of the Court of Appeal in New Zealand was an appeal from an interlocutory order. Nevertheless, the Court quashed the order of the High Court in relation to the “fifth cause of action”, which cause of action related to third-party statements on the Facebook page hosted by the first appellant, Mr Chris Murray, ruling that this cause of action was untenable and, in its reasons, taking the view that Mr Murray could not be responsible for third-party statements or comments that were published on his Facebook page. It is necessary to summarise the facts upon which the judgment depended. 142 Mr Wishart, the respondent in the appeal, is the author of a book called Breaking Silence, which seeks to establish that a woman, Ms King, was innocent of the murder of her twins, aged three months. The coroner had found that the twins died while in the sole custody of their father, who had been charged with their murder and acquitted. 143 During his trial, the father suggested that Ms King had inflicted the fatal injuries and the allegation had been given some currency and ventilation. The book was published, at least in part, to seek to restore Ms King’s reputation.

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