Google Inc v Trkulja [2016] VSCA 333

Document type
Court Decision

In similar facts to the earlier 2012 decision, Mr Trkulja again brought a claim in defamation against Google for defamatory search results. Google Inc. sought to set aside service outside the jurisdiction. The Victorian Supreme Court of Appeal held that Google had established that Mr Trkulja had no real prospect of success at trial. The Court largely accepted that search results would be 'published' by Google, but found that the material complained about was not likely to carry defamatory imputations. The Court found that ‘the ordinary, reasonable search engine user’ would not assume that Trkulja was a convicted criminal merely because his image was displayed in search results that also returned images of underworld figures, police officers, and crime reporters.

Trkulja has appealed the decision to the High Court of Australia.

Topic, claim, or defense
Defamation or Personality Rights
Document type
Court Decision
Issuing entity
Appellate Domestic Court
Type of service provider
Search Engine or Index
OSP obligation considered
Block or Remove
Type of liability
Type of law
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)