Search engines and Internet defamation: Of publication and legal responsibility

When the Internet user keys a search term and clicks “enter”, a series of snippets, images and html links will appear typically running into several web pages. In the case of Autocomplete suggestions, the result appearing on the bar changes with each keystroke even before the user clicks “enter”. As a result, in the course of finding search results from the original search term, the user is constantly provided with suggestions of other search terms. The search results and Autocomplete suggestions may be defamatory of individuals and businesses by associating them with dishonest and improper activities or conduct. Should search engines be regarded as a publisher of such defamatory search results and/or Autocomplete suggestions? What is the appropriate legal approach for establishing search engine responsibility in such instances? The paper considers the above questions by reference to case precedents drawn primarily from common law jurisdictions and commentaries on the liability of search engines and other Internet intermediaries as well as policy rationales and considerations.