Cases

Metropolitan International Schools Ltd v (1) Designtechnica Corporation (2) Google UK Ltd & (3) Google Inc

Held

(1) A search engine is not a publisher at common law, whether before or after notification of a defamation claim and is not analagous to a website or ISP, the search engine having no input over search terms entered and the process of publication being automated.

(2) The defence of innocent dissemination at common law was not abolished in 1996 but did not assist a defendant who knew it was distributing defamatory content.

(3) If Google had needed to rely on s.1, it was difficult to see how it qualified for s.1 protection, no reasonable care being inherent in an automated system.

(4) The UK Government had already taken the view that the protection of the E-commerce Regulations did not extend to search engines. Statutory intervention would be needed before a search engine might be considered a webhost within Regulation 19.

(5) There was a material misrepresentation on the application to serve out of the jurisdiction which justified the Master's order being set aside.

Also