Friday, December 27, 2019

Gray on "The Liability of Search Engines and Tech Companies in Defamation Law"

Professor Anthony Gray of the USQ School of Law and Justice has published a new article in Volume 27(1) of the Tort Law Review.  The article is titled The Liability of Search Engines and Tech Companies in Defamation Law.  Here is the abstract:

"In this second in a series of three articles, I consider another possible substantive change to the law of defamation, that relating to the liability of tech companies such as search engines for defamatory material. It is argued here that tech companies which merely allow others to access conduct created by another should not generally be regarded as publishers for the purposes of defamation law. The focus will be on the possible liability of search engines for such liability, given that internet service providers are provided some explicit statutory protection from such actions. The principles discussed would also be applicable to cases where it is claimed that those operating a public Facebook page are liable in defamation for material posted to that page by others, which is the subject of current Australian litigation."

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