French court grants early release to former President Nicolas Sarkozy    Egypt releases 2023 State of Environment Report    Egypt says Gulf investment flows jumped to $41bn in 2023/24    Al-Sisi meets representatives of 52 global tech firms to boost ICT investments    Egyptians vote in 1st stage of lower house of parliament elections    Egypt's Al-Sisi, Russian security chief discuss Gaza, Ukraine and bilateral ties    Lebanese president says negotiations are only way forward with Israel    Madbouly seeks stronger Gulf investment ties to advance Egypt's economic growth    Grand Egyptian Museum welcomes over 12,000 visitors on seventh day    Egypt to issue $1.5 billion in dollar-denominated treasury bills – CBE    Egypt's private medical insurance tops EGP 13b amid regulatory reforms – EHA chair    Egypt, Saudi Arabia ink executive programme to expand joint tourism initiatives    Egypt's monthly inflation rises 1.3% in Oct, annual rate eases to 10.1%: CAPMAS    Egypt, US's Merit explore local production of medical supplies, export expansion    400 children with disabilities take part in 'Their Right to Joy' marathon    Egypt repatriates 36 smuggled ancient artefacts from the US    Grand Egyptian Museum attracts 18k visitors on first public opening day    'Royalty on the Nile': Grand Ball of Monte-Carlo comes to Cairo    Egypt, Albania discuss expanding healthcare cooperation    VS-FILM Festival for Very Short Films Ignites El Sokhna    Egypt's cultural palaces authority launches nationwide arts and culture events    Egypt launches Red Sea Open to boost tourism, international profile    Qatar to activate Egypt investment package with Matrouh deal in days: Cabinet    Hungary, Egypt strengthen ties as Orbán anticipates Sisi's 2026 visit    Egypt's PM pledges support for Lebanon, condemns Israeli strikes in the south    Omar Hisham Talaat: Media partnership with 'On Sports' key to promoting Egyptian golf tourism    Egypt establishes high-level committee, insurance fund to address medical errors    Sisi expands national support fund to include diplomats who died on duty    Madinaty Golf Club to host 104th Egyptian Open    Egypt's PM reviews efforts to remove Nile River encroachments    Al-Sisi: Cairo to host Gaza reconstruction conference in November    Egypt will never relinquish historical Nile water rights, PM says    Al-Sisi, Burhan discuss efforts to end Sudan war, address Nile Dam dispute in Cairo talks    Egypt resolves dispute between top African sports bodies ahead of 2027 African Games    Germany among EU's priciest labour markets – official data    Paris Olympic gold '24 medals hit record value    It's a bit frustrating to draw at home: Real Madrid keeper after Villarreal game    Russia says it's in sync with US, China, Pakistan on Taliban    Shoukry reviews with Guterres Egypt's efforts to achieve SDGs, promote human rights    Sudan says countries must cooperate on vaccines    Johnson & Johnson: Second shot boosts antibodies and protection against COVID-19    Egypt to tax bloggers, YouTubers    Egypt's FM asserts importance of stability in Libya, holding elections as scheduled    We mustn't lose touch: Muller after Bayern win in Bundesliga    Egypt records 36 new deaths from Covid-19, highest since mid June    Egypt sells $3 bln US-dollar dominated eurobonds    Gamal Hanafy's ceramic exhibition at Gezira Arts Centre is a must go    Italian Institute Director Davide Scalmani presents activities of the Cairo Institute for ITALIANA.IT platform    







Thank you for reporting!
This image will be automatically disabled when it gets reported by several people.



Google loses Australia 'gangland' defamation lawsuit
Published in Arab News Agency on 31 - 10 - 2012

A jury in Australia has found Google liable for damages after a complaint that its search results had linked a local man to gangland crime.
Milorad Trkulja had alleged that the US firm's image and web results had caused harm to his reputation.
The 62-year-old had said the site had refused to remove the material when asked. He had previously won a related case against Yahoo.
Google has not commented on the verdict and might still appeal.
The judge is expected to set the level of damages owed within a fortnight.
'False innuendos'
Mr Trkulja moved to Australia in the early 1970s after leaving Yugoslavia. He subsequently became a prominent member of the migrant community, hosting the Yugoslav-themed "Micky's Folkfest" television show in the 1990s.
In 2004 he was shot in the back by a man wearing a balaclava while at a restaurant. The crime was never solved, but a report by the Herald Sun newspaper later said that police did not link the attack to Melbourne's underworld.
As a result of the attack Mr Trkulja said that entering his name into Google Images brought up images of other people beneath which his name appeared.
He said some of these figures were allegedly murderers and one a drug trafficker. In addition the caption "Melbourne Crime" appeared beneath several of the photos, including one of Mr Trkulja himself, which he had alleged might lead users to believe he was a criminal.
"Melbourne Crime", in fact, referred to the source of the images - a now defunct website going by that name.
Mr Trkulja had also complained that the first result brought up by a web search of his name showed the words "Michael Trkulja - Melbourne Crime - Underworld - Ganglands", beneath which appeared the sentence: "Former music promoter Michael Trkulja was shot in the back by a hitman wearing a balaclava while dining at a St Albans restaurant in June 2004."
He said this created a "false innuendo" suggesting he had been involved in crime and his rivals had hired a hitman to murder him.
He added that couples had refused to sit at the same table as him at a wedding as a consequence, and that others had deliberately avoided him in public.
'Automated results'
In 2009 Mr Trkulja's lawyers contacted Google to ask it to amend its results, and subsequently filed a lawsuit.
Google argued that its results had been based on automated software processes and that, since it was not a publisher itself, put forward the defence of "innocent dissemination".
The jury at the Supreme Court of Victoria agreed that this was a reasonable argument, but only up to the point that Google had received the complaint about its picture results.
It indicated that the content should have been removed at that point, and as a result the search firm was liable for defamation.
However, the jury found that Google was not liable for the web search results since Mr Trkulja had incorrectly filled out a complaint form, missing out the web address of the content to which he had objected.
Mr Trkulja later told journalists he felt vindicated by the ruling.
"I've lived in Australia 41 years," he told News Limited Network. "This case is not about the money, it's about protecting my family, my children and my reputation."
Search complaints
Mr Trkulja had previously won a lawsuit against Yahoo after its Yahoo7 news service had also linked to a defamatory content on the Melbourne Crime site.
Yahoo's lawyers acknowledged that this amounted to "publishing" the content and was subsequently ordered to pay more than A$241,000 ($250,000; £155,000) in damages.
The verdicts follow another ruling in Japan in which the Google was ordered to disable part of its auto-complete function after allegations it linked a local man to crimes he was not involved in.
The firm also faces legal action by Bettina Wulff, wife of the former German president, over complaints that typing her name into its engine brings up the suggested search terms "prostitute" and "red light district"


Clic here to read the story from its source.