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01 October 2009 / Veronica Bailey
Issue: 7387 / Categories: Features , Procedure & practice
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Web of lies

Veronica Bailey asks whether ISPs & search engines are liable for defamation on the internet

The decision in Metropolitan International Schools v Google ([2009] EWHC 1765 (QB), [2009] All ER (D) 263 (Jul) clarified the law on the liability of search engines and internet service providers (ISP’s) for defamation.

Eady J applied common law principles of defamation to the modern phenomenon of the internet to decide whether the operator of a search engine, Google, could be liable for publication.

Google finds information by automated means. It has no control over the search terms entered by its users or of the material which is placed on the world wide web. Eady J concluded that as there was no human intervention in the search function, Google was not liable as a publisher for the content found by the search.

Eady J followed his earlier decision in Blunt v Tilley [2006] IP & T 798 where he said that an ISP was not liable for defamatory content posted by individuals using its internet services. He concluded that an ISP which performs no more than a passive

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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