SA court orders Google pay Dr Janice Duffy $115,000 damages for defamatory search engine results
AN Adelaide woman who took global giant Google to court for defamation has been awarded $115,000 in damages — and says she has been vindicated by “beating the bastards”.
MORE than six years ago, Dr Janice Duffy asked the world’s biggest internet search engine, Google, for its help.
The company’s patented algorithm was connecting her name to harmful, vicious accusations made against her by the members of a “shaming” website.
But Google did not act on Dr Duffy’s pleas, forcing her to mount a long and expensive Supreme Court lawsuit — and represent herself at trial.
On Wednesday, the former SA Health researcher walked from court smiling, having won not only $115,000 damages but also long-sought vindication.
“I wish it hadn’t happened, but I beat the bastards,” she told The Advertiser.
“Would we be here if they had helped when I asked? Absolutely not ... I think they thought they could just make me go away, but I’m stubborn.
“I’m glad I stood up to them ... Google can’t come into our country, destroy reputations and get away with it.”
Dr Duffy, 59, filed her lawsuit in 2011 in response to claims made about her on websites including ripoffreport.com.
The site is a “shaming platform” that allows anyone to post reports about people whom they suspect are behaving in a criminal or dishonest manner, regardless of its factual accuracy.
Dr Duffy asserted she had sued Google to have links to the material removed because, for two years, it refused her written requests to take action on her behalf.
Google denied any wrongdoing, claiming it had disseminated the material “innocently”, was not its publisher, was justified, and protected by both qualified privilege and contextual truth.
In October, the court rejected Google’s arguments and found it had defamed Dr Duffy due to the way the company’s patented algorithm operated.
Justice Malcolm Blue found the search results either published, republished or directed users toward comments harmful to her reputation.
On Wednesday, Justice Blue awarded Dr Duffy damages of $100,000 and a $15,000 lump sum to cover interest.
Counsel for Google asked payment of those amounts be stayed until January, pending argument on court costs and a possible appeal.
Justice Blue agreed, but ordered Google pay the full amount into the court registry by January 11.
Outside court, Dr Duffy said the damages were not, and had never been, her goal.
“The judgment means I was defamed, and that’s vindication,” she said.
“It’s been a long battle and it’s not over — we all know there will be an appeal — but I took a stand.”
GOOGLE VERSUS THE WORLD
Google has had a fraught legal history in Australia over the past six years.
In 2009, music promoter Michael Trkulja sued the company over search results he claimed linked him with crime figures from the Melbourne underworld.
He said his reputation had been gravely injured by results that erroneously linked an incident, during which he was shot in the back, with that city’s gang war.
In 2012, a Victorian Supreme Court jury found Google liable for defamation — an Australian legal first — and Mr Trkuljia was awarded $200,000 damages.
He gave evidence, on Dr Duffy’s behalf, during her case and his victory is the subject of an appeal.
Just months later, former footballer Shane Radbone sued Google to obtain the identity of bloggers publishing negative comments about him as a sportsman and businessman.
In addition to removing links to the blogs, Google was given 28 days to provide details of their authors to Mr Radbone.
In 2013, Port Macquarie surgeon Guy Hingston filed a $75,000 action in a Californian court, claiming auto-complete linked his name with the word “bankruptcy”.
He withdrew the case five months later.
A French insurance company successfully sued Google for $65,000 that year because auto-complete linked its name with the word “crook”.
Former German first lady Bettina Wulff’s claim against Google — over auto-complete phrases “Bettina Wulff prostitute” and “Bettina Wulff escort” — is ongoing.