The Latest in the Google Index Removal Saga
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Google’s going through some tough times with the things it can keep on its search index. It all started
with
reasonably
well-intentioned
DMCA infringement clause. Then, it got a bit confusing
with
Europe’s
“right
to
be
forgotten” law. Now, the search engine recently settled in a defamation case against a UK businessman, which may change a lot about the content that gets on Google’s SERPs.
Making Things Disappear
Everyone knows that fact all too well, which is
The specific terms of the settlement are private, but
why they are going after Google. The prosecutors
it does set a precedent on defamatory articles and
cannot find the real people responsible for the
pieces on the Internet. The tech giant is already
articles. So, they do the next best thing and bring
sending “Defamation removal from search” notes
the messenger to court, and make them stop
to websites accused of defamation to stop any more
showing the message. But, this does not mean
complaints going to court. But, why are people
that someone can ask Google make everything
going after Google if they know that the site is just
bad written about them on the Internet
host and not the author of the content?
disappear.
Defamation Rules For someone to get something off Google’s search index, they need to prove that the information is both damaging and inaccurate – with emphasis on the latter. For example, an op-ed piece describes Tony Abbot as balding and the worst Prime Minister Australia ever had. Abbot can ask Google to remove that piece from its index, not because of its opinion of his administration, but for the balding comment. If the courts find merit in the prosecution’s claim that the bald comment is inaccurate and damaging, Google has little choice but to take the page off its index.
What the Future Holds The implications for online marketing and digital presence are overreaching; it can affect websites that host user generated content, and it can possibly implicate websites that link to the defamatory page. The worst part of this is, the page actually still exists, it just does not show up in Google. People can still find it through other search engines, or going to the website directly. This new defamation rule is a slippery slope that can lead to a lot of headaches if solid rules and guidelines are not introduced soon.
RESOURCES: Prime Minister Tony Abbott loses first round in John Setka defamation case http://www.theage.com.au/victoria/prime-minister-tony-abbott-loses-firstround-in-john-setka-defamation-case-20141204-1207ef.html Marketing Services - http://www.voodoocreative.com.au/online-marketingagency Defamation - http://legal-dictionary.thefreedictionary.com/defamation