Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.

 

Google to pay up over gang links

12 November 2012, 11:36

Sydney - Google was ordered to pay A$200 000 ($208 000) in damages to an Australian man on Monday after a jury found the internet giant defamed him by publishing material linking him to mobsters.

Milorad Trkulja, an entertainment promoter who is now 62, was shot in the back in 2004 in a crime that was never solved.

He accused Google of defaming him with material he said implied he was a major crime figure in Melbourne and had been the target of a professional hit.

Searches of his name brought up references to the city's gangsters including crime boss Tony Mokbel and a now defunct site called "Melbourne Crime" chronicling gang-related incidents.

Google denied publication in the Supreme Court of Victoria, saying it had innocently disseminated material published by others, and also disputed that the material conveyed the defamatory implications claimed by Trkulja.

Action

But a jury ruled in his favour, finding the internet firm had been on notice and failed to act on the issue from October 2009, when Trkulja's lawyers wrote to them demanding action over the "grossly defamatory" content.

Judge David Beach ordered Google to pay Trkulja A$200 000, likening their role in publication to a library or newsagent, which have "sometimes been held to be publishers for the purposes of defamation law" in Australia.

"Google Inc is like the newsagent that sells a newspaper containing a defamatory article," Beach said in his judgement.

"While there might be no specific intention to publish defamatory material, there is a relevant intention by the newsagent to publish the newspaper for the purposes of the law of defamation."

Beach said the jury was "entitled to conclude that Google Inc intended to publish the material that its automated systems produced, because that was what they were designed to do upon a search request".

Trkulja, who argued that his reputation was central to his work and had been seriously damaged by the defamatory material, had already won A$225 000 from Yahoo in an earlier case on the same matter.

- AFP

NEXT ON NEWS24 KENYAX
Share Print

Read News24’s Comments Policy

Comment on this story
0 comments
Add your comment
Comment 0 characters remaining

Read more from our Users

Submitted by
Chepkwony Robert
Residents loot sugar as truck ove...

Residents of Salgaa trading centre and its environs went to a looting spree after a sugar truck overturned near Salgaa Bridge along the Eldoret-Nakuru highway before catching fire. Read more...

Submitted by
MyNewsKenyaEd
Events to attend this Easter

Here are some of the top events to attend this Easter weekend: Read more...

Submitted by
Millicent Kawii
Court bars sacking of Trade Union...

An Industrial Court has temporarily halted the government from gazetting the sacking of the Registrar of Trade Unions. Read more...

Submitted by
William Korir
Maalim does not fear arrest over ...

Former deputy speaker of the National Assembly Farah Maalim says he meant every bit of the comments he made on the government's alleged involvement in terror.  Read more...

Submitted by
William Korir
Fresh registration waste of funds...

The government has been lambasted for planning to register Kenyans afresh, terming the process a waste of funds. Read more...

Submitted by
Victor Tinto
KWS officers impound ivory, arres...

Six people have been arrested with a truck filled with pieces of ivory by Kenya Wildlife Service officials in Nairobi. Read more...