Google

Win (for now) for app developer against Google

11 May 2018 by Rosalind English

Unlockd Ltd and others  v Google Ireland Limited and others (unreported, Roth J, Chancery Division 9 May 2018) – transcribed judgment awaited

Unlockd, an app developer, sought an interim injunction to prevent Google withdrawing its services. Roth J found that the balance of convenience was in the applicants’ favour. Their claim raised a serious issue to be tried and any action by Google to withdraw their platform would severely damage the applicants’ business. An interim injunction was granted.
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New Year, new tort of misuse of private information

23 January 2014 by Dominic Ruck Keene

Vidal Hall and Ors v Google Inc [2014] EWHC 13 (QB) – read judgment

A group of UK Google users called ‘Safari Users Against Google’s Secret Tracking’ have claimed that the tracking and collation of information about of their internet usage by Google amounts to misuse of personal information, and a breach of the Data Protection Act 1998. The Judge confirmed that misuse of personal information was a distinct tort. He also held that the English courts had jurisdiction to try the claims. 

Mr Justice Tugendhat’s decision was on the basis that (1) there was a distinct tort of the misuse of private information (2) there was a serious issue to be tried on the merits in respect of the claims for misuse and for breach of the DPA; (3) the claims were made in tort and damage had been sustained in the jurisdiction and (4) England was clearly therefore the most appropriate forum for the trial.

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Can Google be sued for the content of blogs on its platform?

17 February 2013 by Rosalind English

Tamiz v Google Inc [2013] EWCA Civ 68 – read judgment

The Court of Appeal has ruled that in principle, an internet service provider that allowed defamatory material to remain on a blog hosted on its platform after it had been notified of a complaint might be a “publisher” of this material, although in this case the probable damage to the complainant’s reputation over a short period was so trivial that libel proceedings could not be justified.

This interesting case suggests there may be an opening for liability of Google  for defamation, if certain steps have been taken to fix them with knowledge of the offending statement. Mr Tamiz, who claimed to have been defamed by comments posted on the “London Muslim Blog” between 28 and 30 April 2011, appealed a decision in the court below to decline jurisdiction in his claim against the respondent corporation and to set aside an order for service of proceedings on Google out of the jurisdiction.
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Turkish block on Google site breached Article 10 rights, rules Strasbourg

16 January 2013 by Guest Contributor

YILDIRIM v. TURKEY – 3111/10 – HEJUD [2012] ECHR 2074 – Read judgment

In the case of Yildrim v Turkey the European Court of Human Rights decided that a Court order blocking access to “Google Sites” in Turkey was a violation of Article 10.  The measure was not “prescribed by law” because it was not reasonably foreseeable or in accordance with the rule of law.  The judgment is available only in French.

He owned and ran a website hosted by the Google Sites service, on which he published his academic work and his opinions on various matters.  On 23 June 2009 the Denizli Criminal Court of First Instance ordered the blocking of an Internet site whose owner had been accused of insulting the memory of Atatürk. The order was issued as a preventive measure in the context of criminal proceedings against the site’s owner.

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Google steps up pressure on Government censorship

22 April 2010 by Adam Wagner

Google have announced the launch of a new Government Requests tool, which according to the Official Google Blog aims to “give people information about the requests for user data or content removal we receive from government agencies around the world.”

According to the tool, the UK currently ranks number 2 in Europe for information removal requests, behind Germany, and 3rd in the world for data requests, behind the US and Brazil.

It appears that the internet search company, whose unofficial corporate motto is “Don’t be Evil“, is attempting to make up for recent public controversies over censorship in countries where rights to freedom of information and expression are lacking. Google has had a particularly rocky relationship with China, who insisted that certain sites were blocked from Google search. After public pressure and a number of public confrontations, Google have recently moved operations to Hong Kong and shut down the search service completely.

Yesterday’s announcement begins by quoting the Universal Declaration of Human Rights, which is similar to the European Convention on Human Rights. It says:

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