133 It is necessary to deal with the analysis by Kourakis CJ of the judgment in the UK in Tamiz v Google Inc [2012] EWHC 499 or, on appeal, in Tamiz v Google Inc (2013) 1 WLR 2151; [2013] EWCA Civ 68, as this was a judgment that concerned summary dismissal of the proceedings and whether there was an arguable case that Google was a publisher. The trial judge had rejected Google’s contention that it could only be a publisher if it had authorised or accepted responsibility for the publication and Kourakis CJ confirmed the view of the trial judge. 134 Chief Justice Kourakis also confirmed the view expressed by the trial judge that: “The appropriate test remains whether the defendant has participated in the publication. I agree with the decisions to this effect of Morland J in Godfrey v Demon Internet Ltd, Beach J in Trkulja v Google Inc LLC (No 5), the Hong Kong Court of Final Appeal in Oriental Press Group Limited v Fevaworks Solutions Ltd and (subject to the issue of actual v constructive knowledge) the New Zealand Court of Appeal in Murray v Wishart. (Citations omitted.)” 135 The foregoing does not decide, as was the comment of Kourakis CJ, whether Google was a primary or secondary participant in the publication. Nor, for present purposes, does it matter, because Google was in a very different position from that of the defendants in these proceedings. 136 However, it should be noted that Kourakis CJ concluded that Google is best classified as a secondary participant, because its summaries are reproduced from other publications and pages on the Internet: Duffy at [158] (upon which finding his Honour was in dissent). Further, Kourakis CJ held that Google had knowledge of the probable content of future search results, once a person notified it of the existence of defamatory material in the results of a search already produced and should be allowed a reasonable time to take down references to the defamatory material, based on the public policy favouring the dissemination of information generally: Duffy at [159]. 137 It is important to understand the significant distinction between the production of a Google search and the publication of comments on a public Facebook page. As earlier stated, it is possible for a public Facebook page to be produced that would not allow any comments.

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