Google settles out of court with SA’s Dr Janice Duffy, after 12-year defamation battle that cost $5 million in legal fees

This Adelaide doctor has spent 12 years fighting a global giant over defamatory material online – now it’s given up rather than battle her a third time.

An Adelaide woman who won two landmark defamation victories over global internet giant Google, while representing herself, has “beaten the bastards” a third time.

The Advertiser can reveal the $446 billion company has confidentially settled its 12-year battle with Dr Janice Duffy after spending an estimated $5 million fighting her in court.

The settlement, ahead of a third trial scheduled for Monday, vindicates Dr Duffy’s long quest to hold Google accountable for defamatory results about her appearing in its search results.

On Monday, she said the “most important part” of the settlement was not money but that Google’s “liability was preserved” – opening the way for others to seek legal redress.

Dr Duffy has been battling Google in the Supreme Court since 2011. Picture: Greg Higgs

“Google has spent 12 years and $5 million trying to crush me – they could have spent that money on scholarships, given it to charity or done some good,” she said.

“Instead, they tried to deep-pocket me into giving up, but I have beaten the bastards.

“Everyone Googles everyone, and Google controls what we see in its search results – they are not arbitrary.

“Corporations and celebrities can get defamatory search results removed, but small businesses, professionals and individuals don’t know what to do … now, they have an avenue to act.”

In 2011, Dr Duffy sued Google alleging it allowed claims made about her on “shaming” websites to appear in its search results, regardless of their factual accuracy.

In 2015, the Supreme Court found she had been defamed and awarded her $115,000 in compensatory damages.

Less than a year later she sued again, alleging the company still had not removed the offending links despite the court’s ruling.

Dr Duffy believes an “internet Ombudsman” should be appointed to assist individuals who feel they have been defamed by search results. Picture: Matt Turner

During that case, Dr Duffy alleged Google had “enabled and encouraged” the harassment of witnesses, which the company denied.

In February 2023, the court ruled in Dr Duffy’s favour again, leaving open only the question of how much Google owed her in damages for that second loss.

Dr Duffy received pro bono assistance, during the course of her claims, from solicitor John Radbone and barrister Ted Guthrie.

On Monday, Dr Duffy said she was still coming to terms with “the reality” that her case had finally resolved.

“I’m going to take a break for three weeks and then look at seeing what I can do now,” she said.

“My life will never go back to the way it was, so I might as well stand up and advocate for change.”

She said the federal government should consider appointing an “internet Ombudsman” with whom the public could file concerns and grievances with big tech companies.

“There’s a need for an outside force, a third party, an Ombudsman, so that small businesses and the like don’t have to go through Google to have search results removed,” she said.