Google guilty of defaming an Australian for search results
On the odd occasion we have been tempted to do a Search on Google for our name and, in most cases, the results have appeared we have made no impression or within what might be considered normal (articles have published, personal pages, some list or directory in which we appear or, in some cases, the notes of a university exam). However, there are a number of cases counted in the results that appear on Google are quite negative and can affect a person’s reputation but, in reality, the only similarity is the name and the facts are beyond the person conducting the search. A case of this kind occurred in Japan and Google was ordered to disable autocomplete because the terms suggested by writing the name of a person work in one prejudiced person that the search related to criminal activities committed by another person but with the same name.
A similar case has been tried in Australia and today has known the judgment favorable to the plaintiff , a person who sued for Defamation Google search results link you to the world of organized crime and the “underworld” of Melbourne.
Milorad Trkulja, who won a similar case against Yahoo!, sued the Mountain View giant when he refused to remove search results and links linking him to the world of the Mafia, saying the results were the result an algorithm and an automatic process and was not conducted.
The plaintiff, Milorad Trkulja, a Yugoslavian immigrant living in Australia since the 70s, was shot in the back in 2004 while in a restaurant. The shot was made by a person wearing a ski mask and fled the scene of the crime, so the case was closed unresolved and apparently, the police never linked to underworld or underworld but at Apparently, Google does the news that linked to other crimes and activities outside the law because if performing a Google search of the name of this person is linked to the news of drug dealers and other crimes that occurred in Australia. In fact, in the form of images in your name and picture appear next to the words “crimes in Australia”.
According Trkulja, all this information can be misinterpreted and lead to mistakes that undermine their reputation because, when you enter your name in the search, auto-complete suggests “crimes in Melbourne”, “underworld” and “mafia” and found results hinted that he had been shot by a hitman hired by a rival company; facts which have led to a kind of urban legend that has affected him socially.
After three years of trial, the jury found for the plaintiff because he already asked Google formally withdrawing the contents and the Mountain View disregarded the request, finding that fact the basis for considering that Google has been slandering Trkulja since then (not to remove the content). Google, for now, has not commented on the ruling which, incidentally, is still waiting for that compensation as set by the judge (although, surely, Google will appeal the decision).
A curious case, the truth, is becoming quite common and whose next chapter will take place in Germany , where the wife of the former president of Germany, Bettina Wulff has sued the search autocomplete suggests because, after writing his name, the terms “prostitute” and “red light district”.Tags: Australia, Defamation, Google, Search