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UK court: Google liable for comments posted on its Blogger platform

27 February, 2013

The Court of Appeal of England and Wales decided on 14 February 2013 that Google could be considered liable for comments posted on its Blogger platform unless it reacts promptly to a complaint.

Reversing a previous ruling in March 2012 of the High Court which considered that Google, in its platform provider role, should not be treated as a publisher, the Appeal Court ruled that the company could be liable for the content published on its blogging platform if it allowed content (in this case comments on a specific blog hosted at Blogger) to remain after having received complaints that the respective content was defamatory. The main argument of the court was that the Blogger platform is available on Google's terms which can remove or block access to any notice that does not comply with those terms.

The ruling came as a result of a case brought to court by a former Conservative party local council candidate who complained in July 2011 to Google about eight comments posted on the London Muslim blog, which he considered as defamatory to him. Google passed on the complaints to the blogger and the respective comments were taken down after about five weeks, period which was considered too long by the court.

Although the Court considered that any damage resulting from the publication was too trivial and dismissed the appeal, EDRi member Article 19 believes the judgement is a serious step back for free speech online.

Agnes Callamard, Executive Director of Article 19, stated that "the court's judgement effectively endorses a problematic 'notice and takedown' system, which encourages intermediaries like Google to remove potentially defamatory material immediately upon notification despite the fact that the material complained about may not be unlawful. This creates a worrying chilling effect on freedom of expression, as intermediaries might censor perfectly legitimate speech."

The group is also concerned by the fact that the Appeal Court did not make any reference to the freedom of expression, a right protected by the UK Human Rights Act.

United Kingdom: Ruling on Google's liability is bad news for free speech online (15.02.2013)

Google must act quickly on libellous Blogger posts, says appeal court (15.02.2013)



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