Payam Tamiz v. Google Inc,  EWHC 449 (QB) (England and Wales High Court Mar. 2, 2012) In a suit alleging defamatory statements on a blog hosted by Google, Inc. in the United States, the England and Wales High Court held that Google was a passive platform provider rather than a publisher, and therefore had not committed a tort that could subject it to extra-territorial jurisdiction.
Hosted Website Posted Allegedly Defamatory CommentsGoogle Inc., a corporation registered in Delaware and headquartered in California, offers the web-hosting service Blogger.com, based in and managed from the United States, which allows Internet users around the world to create an independent blog free of charge. Users without their own domain names can use the Blogger.com domain name for their websites. Payam Tamiz sued Google Inc. for defamation relating to eight comments that were posted on the "London Muslim" blog in April 2011. The statements complained of were posted anonymously as comments on a previously posted article. Several accused Tamiz of being a drug dealer and a thief. Between April and July 2011, Tamiz sent letters to Google alleging that the comments were defamatory. Google forwarded the letters to the blogger, who removed the comments shortly after Tamiz filed suit. In September 2011, a master of the court granted Tamiz permission to serve a complaint on Google in California. Google moved to dismiss for lack of jurisdiction.
Google Is Not a PublisherThe court explained that to serve his complaint out of the jurisdiction, Tamiz must show that a tort was committed within the jurisdiction, under paragraph 3.1(9) of PD6B of CPR Pt 6. To establish common-law defamation, Tamiz had the burden of proving a "real and substantial" publication within the jurisdiction. Tamiz at
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).