Feeds

Australia's top court says Google's iffy ads do not mislead

Regulator smacked down in big win for ad giant

SANS - Survey on application security programs

Australia's High Court, the nation's ultimate tribunal from which no appeal is possible, has overturned lower courts' decisions that found Google misled and deceived users.

At issue in the case was whether Google is responsible for the words and links its advertisers choose. The case arose after an online classifieds site bought ads that appeared when users searched for two car dealers. The ads mentioned those dealers, but instead linked to the classifieds site. No information was provided that would give users any reason to suspect the ads would direct them to the classifieds site, and the site had no information about the dealers.

Australia's Consumer and Competition Commission (ACCC) felt such ads were “misleading and deceptive”, a phrase that rings loud alarm bells under Australian law, and took Google and the classifieds site to court. After an early loss, the ACCC won in Australia's Federal Court and the classifieds site was slapped. But Google appealed, as it was not keen to vet the many ads it receives every day .

The High Court has now delivered Google the result it wanted, with the summary of the judgement (the full judgement was not available at the time of writing) offering this analysis:

“Google did not create the sponsored links that it published or displayed. Ordinary and reasonable users of the Google search engine would have understood that the representations conveyed by the sponsored links were those of the advertisers, and would not have concluded that Google adopted or endorsed the representations. Accordingly, Google did not engage in conduct that was misleading or deceptive. “

The High Court started hearing the case last September. The arrival of a judgement today is one of the court's speedier turnarounds, a sign of the case's importance.

Google has issued the following statement about the judgement:

“We welcome the High Court’s unanimous decision that Google cannot be held responsible for the ads that advertisers create for Google's search engine."

The ACCC is also positive about the decision, with ACCC Chairman Rod Sims saying in a statement that “The ACCC took these proceedings to clarify the law relating to advertising practices in the internet age. Specifically, we considered that providers of online content should be accountable for misleading or deceptive conduct when they have significant control over what is delivered.”

Sims goes on to point out the court did find the ads misleading.

“The High Court’s decision focused only on Google’s conduct. In the facts and circumstances of this case the High Court has determined that Google did not itself engage in misleading or deceptive conduct,” Sims said.

Early analysis of the judgement from the Australian Copyright Council suggests it "highlights the need for an alternative response to intermediary liability issues." The Council's analysis mentions the case of Australian ISP iiNet, which was challenged in court by the Australian Federation Against Copyright Theft after doing little in response to notifications its users were infringing copyright. iiNet was held by the High Court not have a responsibility to respond to such notices or to monitor its users activities. Big Content responded with calls for amended legislation to shift some responsibility onto intermediaries like ISPs.

The Copyright Council's initial analysis suggests this new case raises similar issues. As we noted yesterday, an election is due in Australia in just a few months and with a full legislative program already tabled, this may be a reform that cannot be dealt with during the life of the current Parliament. ®

High performance access to file storage

More from The Register

next story
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
One year on: diplomatic fail as Chinese APT gangs get back to work
Mandiant says past 12 months shows Beijing won't call off its hackers
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Lavabit loses contempt of court appeal over protecting Snowden, customers
Judges rule complaints about government power are too little, too late
Whoever you vote for, Google gets in
Report uncovers giant octopus squid of lobbying influence
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Alphadex fires back at British Gas with overcharging allegation
Brit colo outfit says it paid for 347KVA, has been charged for 1940KVA
Jack the RIPA: Blighty cops ignore law, retain innocents' comms data
Prime minister: Nothing to see here, go about your business
prev story

Whitepapers

Designing a defence for mobile apps
In this whitepaper learn the various considerations for defending mobile applications; from the mobile application architecture itself to the myriad testing technologies needed to properly assess mobile applications risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.