Google Vs Micheal Trkulja

Michael Trkulja is an Australian resident who got shot in the back in 2004 during a shooting at a restaurant in Melbourne. The shooting incident led to a range of different articles being produced with references to crime and investigations.

Mr Trkulja alleged that during 2012 – 2014 google images associated him with “Melbourne criminal underworld photos” and images of him mixed in with other different criminals. Trkulja then wrote a letter to google, demanding the removal of certain images that associated him with searches related to Melbourne criminals. Further, auto-complete predictions on Google for “michael trk” displayed phrases such as “michael trkulja criminal”, “michael trkulja melbourne crime”, etc. Trkulja believed that the images and auto predictions of his name were defamatory in their natural and ordinary meaning and will lead to assumptions that he is a serious criminal in Melbourne.

When Mr Trkulja took the case to the supreme court of Victoria google responded with three main bases;

1. Google was not a publisher of the relevant material;
2. The search results in question were not defamatory of Mr Trkulja;
3. Google was entitled to immunity from suit as a matter of public interest, on grounds as a provider of internet search services.

The key takeouts for publishers for this case is that search results, for example images that place a person in an incorrect context can result in defamatory imputations.