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Protecting Google from defamation is worth seriously considering

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20.06.2018

Earlier this month, the NSW Government announced a push to reform Australia’s uniform defamation laws. It is calling for a “cyber-age reboot”. That proposal was backed by a “statutory review” of the NSW Defamation Act. At a meeting of the Council of Attorneys-General, the states and territories agreed to reconvene a working party to consider reform of equivalent statutes around Australia.

Last Wednesday, the High Court delivered its most important defamation judgment in years. In a case that fits perfectly with the theme of the NSW proposals, Milorad “Michael” Trkulja succeeded in his appeal against Google. The Court found that Trkulja could sue the American company for defamation in respect of search results which potentially indicated that he had ties to Melbourne’s criminal underworld.

The next morning, the Victoria Court of Appeal allowed Bauer Media’s appeal from the judgment that awarded Rebel Wilson A$4.5 million in damages. The Court held that Wilson was entitled to A$600,000, and not to millions extra for lost opportunity to earn from roles that she may have been offered had the defendant not defamed her in its gossip magazines. The previous assessment of damages depended on the spread of the defamatory allegations on the internet via the “grapevine effect”.

The record for Australia’s largest defamation judgment is now barrister Lloyd Rayney’s A$2.6 million defamation win against the State of Western Australia, litigated by Perth firm Bennett Co. If Rayney’s current appeal is successful, that figure may increase even further.

There’s a lot to think about.

The NSW proposal to allow large corporations........

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