Can I Sue Google for Defamation?

When harmful, false information about you appears in Google search results, it’s natural to wonder if you can hold Google legally accountable. After all, Google is often the primary gateway through which potential employers, clients, and acquaintances discover information about you. Defamatory content appearing in Google search results can devastate your reputation, career prospects, and personal relationships.

However, the question of whether you can sue Google for defamation is more complex than it might initially seem. While Google plays a crucial role in disseminating information online, specific legal protections generally shield it from liability for the content it indexes and displays in search results.

This article explores the legal landscape surrounding potential defamation claims against Google, the exceptions to Google’s immunity, alternative approaches to addressing defamatory content, and practical steps you can take if you’ve been defamed online.

Why You Generally Cannot Sue Google for Defamation

Section 230 Protection

The primary reason you typically cannot sue Google for defamation lies in Section 230 of the Communications Decency Act (CDA). This federal law provides broad immunity to interactive computer services (ICS) like Google for content created and published by third parties. Section 230 was specifically designed to protect platforms that display third-party content, enabling the free flow of information on the internet without making these platforms liable for every piece of content they display.

Under Section 230, Google is generally not treated as the “publisher” or “speaker” of the third-party content it indexes and displays in search results. This immunity applies even if Google has been notified that certain content is defamatory and has refused to remove it from search results.

Google as an Aggregator, Not a Creator

Google’s primary function as a search engine is to aggregate, index, and display content created by others. Google’s algorithms crawl the web, index content found on various websites, and then display links and snippets of that content in response to user searches. Since Google typically doesn’t create the original content that appears in its search results, it generally cannot be held liable for defamatory statements contained within that content.

Courts have consistently recognized this distinction between content creators (who can be held liable for defamation) and platforms that merely display or provide access to that content (which generally cannot be held liable).

Legal Precedents

Courts have repeatedly upheld Google’s immunity under Section 230 in defamation cases. For example, in the 2016 case of O’Kroley v. Fastcase, Inc., the plaintiff alleged that Google’s snippet algorithm created a libelous search result that implied he had engaged in indecent acts with a minor. The plaintiff argued that Google’s automatic summarizing of a non-defamatory article created a new, defamatory article, potentially making Google a content creator.

However, the court ruled that Google’s actions, including its automated editorial functions, did not exceed traditional editorial functions and therefore did not affect its immunity under Section 230. This case illustrates the strong legal protections Google enjoys against defamation claims based on content appearing in its search results.

Exceptions: When You Might Be Able to Sue Google for Defamation

While Google generally enjoys broad immunity from defamation claims, there are limited circumstances where legal action against Google might be possible:

1. When Google Creates the Content

If Google itself creates or substantially develops the defamatory content, it may lose its Section 230 immunity. In such cases, Google would be acting as a content creator rather than merely a platform displaying third-party content.

For example, if Google were to publish original articles, blog posts, or other content containing defamatory statements, it could potentially be held liable for that content. Similarly, if Google makes material alterations to third-party content that substantially change its meaning in a defamatory way, it might lose its immunity.

However, courts have established that merely refusing to correct or remove defamatory content does not make Google liable, even if it has the authority to modify or remove the content.

2. Intellectual Property Infringement

Section 230 immunity does not extend to intellectual property claims. Google can potentially be sued for copyright or trademark infringement, either as a direct infringer or as a contributory infringer.

For instance, in the case of Viacom International Inc. v. YouTube (Google’s subsidiary), Viacom alleged massive copyright infringement due to user-uploaded Viacom videos on YouTube without permission. While Google initially claimed protection under the Digital Millennium Copyright Act’s safe harbor provisions, the case progressed through appeals with evidence suggesting Google was aware of and welcomed copyright-infringing material.

Similarly, in Rescuecom Corp. v. Google Inc., the Second Circuit ruled that Google’s actions could constitute trademark infringement if its use of a trademark in AdWords recommendations to competitors was considered a “use in commerce.”

3. Direct Business Dealings

If you have direct business dealings with Google and it commits a contractual breach or tortious act against you in the context of that relationship, you may have grounds for legal action. These claims would be based on the specific business relationship rather than on Google’s function as a search engine displaying third-party content.

4. Limited Statutory Exceptions

There are a few statutory exceptions to Section 230 immunity that could potentially apply to Google in very specific circumstances. These include:

• Federal criminal law violations
• Electronic Communications Privacy Act violations
• Sex trafficking laws
• Child pornography laws

However, these exceptions are narrow and rarely apply in typical defamation scenarios.

Who You Can Sue Instead of Google

Since suing Google for defamation is generally not a viable option, it’s important to understand who you can target for legal action:

The Original Content Creator

The most effective approach is typically to sue the person or entity that created and published the defamatory content. This might be:

• An individual who posted a defamatory statement on social media
• A website owner who published false information about you
• A reviewer who posted a false and damaging review
• A blogger who made defamatory claims in a blog post

By targeting the source of the defamation, you address the root of the problem rather than just one platform where the content appears.

Identifying Anonymous Defamers

Many online defamers hide behind anonymity, making it challenging to identify them for legal action. However, this doesn’t mean they’re beyond the reach of the law. Through a legal process known as a “John Doe lawsuit,” you can:

1. File a lawsuit naming the defendant as “John Doe” or by their online username
2. Use legal discovery processes to obtain information from websites, platforms, or internet service providers that can help identify the anonymous poster
3. Amend the lawsuit once the defamer’s identity is discovered

This process requires careful legal navigation, as there are procedural requirements and potential First Amendment considerations that must be addressed.

Practical Steps If You’ve Been Defamed Online

If you’ve been defamed online and the content appears in Google search results, consider these practical steps:

1. Document the Defamatory Content

Take screenshots of the defamatory content, including the URL, date, and any identifying information about the poster. This documentation will be crucial if you decide to pursue legal action.

2. Determine If It’s Actually Defamation

Not all negative or unflattering content constitutes legal defamation. For a statement to be defamatory, it generally must be:

• A false statement of fact (not opinion)
• Published to a third party
• Harmful to your reputation
• Made with at least negligence regarding its falsity

Consult with an attorney to determine if the content meets the legal definition of defamation in your jurisdiction.

3. Act Quickly

Time is of the essence when addressing online defamation for several reasons:

• Statutes of limitations for defamation claims typically range from 1-3 years, depending on the state
• Internet service providers often have short data retention policies (sometimes as brief as 60 days)
• The longer defamatory content remains online, the more damage it can cause to your reputation

Filing a lawsuit promptly is crucial to preserve your rights and ensure that necessary evidence remains available.

4. Consider Non-Litigation Approaches

Before or alongside legal action, consider these non-litigation approaches:

• Contact the website hosting the defamatory content directly to request removal
• Use Google’s legal removal request process for specific types of content
• Employ online reputation management strategies to suppress negative content in search results
• Send a cease and desist letter to the content creator

These approaches may resolve the issue more quickly and cost-effectively than litigation.

5. Pursue a Court Order for Removal

If direct requests for content removal are unsuccessful, obtaining a court order can be an effective strategy. Google has a process for considering de-indexing requests based on valid court orders that identify specific defamatory content.

However, Google has become increasingly stringent in its review of court orders in recent years. The company now closely scrutinizes orders and may decline to de-index content if it identifies any red flags, such as:

• Default judgments where the defendant was not properly identified or served
• Orders that appear to have been obtained through collusion
• Overly broad orders that don’t specifically identify the defamatory statements

Working with an experienced internet defamation attorney is crucial to navigate this process effectively.

Where to File a Defamation Lawsuit

If you decide to pursue legal action against the creator of defamatory content, determining the appropriate jurisdiction is important:

Jurisdiction Considerations

U.S. defamation case law generally allows for jurisdiction in:

• The location where the defendant resides
• The place where the defamatory content was published
• The location of the target audience
• The place where the harm was intended to occur

An experienced defamation attorney can help you determine the most advantageous jurisdiction for your specific case.

Federal vs. State Court

Defamation cases can potentially be filed in either federal or state court, depending on the circumstances. Federal court may be appropriate if:

• There’s diversity of citizenship (parties are from different states) and the amount in controversy exceeds $75,000
• The case involves federal questions
• There are related federal claims

State courts often handle the majority of defamation cases and may offer procedural advantages in certain situations.

The Changing Landscape of Content Removal from Google

The process of removing defamatory content from Google search results has become more challenging in recent years:

Google’s Evolving Policies

Prior to Google’s court order crackdown, litigants could relatively easily secure default judgments against online defendants for removing offensive content. However, Google has become highly skeptical of judgments not issued on the merits and produced without contested litigation where the defendant was properly identified and served.

Working with Experienced Attorneys

Given these challenges, it’s crucial to work with attorneys who specialize in internet defamation and understand Google’s current policies and practices. Experienced attorneys can:

• Properly identify and serve defendants
• Develop strong cases on the merits
• Draft court orders with the specificity Google requires
• Navigate Google’s removal request process effectively

Conclusion

While you generally cannot sue Google directly for defamation due to Section 230 immunity, you have other legal options to address defamatory content appearing in search results. By understanding the legal landscape, acting quickly, and working with experienced internet defamation attorneys, you can effectively combat online defamation and protect your reputation.

Remember that each defamation situation is unique, and the best approach depends on the specific circumstances of your case. Consulting with an attorney who specializes in internet defamation is the most reliable way to determine the optimal strategy for your situation.

Take Action Against Online Defamation

If you’ve discovered defamatory content about you in Google search results, Minc Law can help. Our experienced internet defamation attorneys specialize in removing harmful content from the internet and holding defamers accountable.

How Minc Law Can Help

Our team can assist with:

• Evaluating whether content meets the legal definition of defamation
• Identifying anonymous defamers through legal processes
• Obtaining court orders for content removal
• Working directly with Google and other platforms to remove or de-index harmful content
• Implementing comprehensive reputation management strategies

We understand the complex landscape of internet defamation law and have developed effective strategies for addressing defamatory content in Google search results.

Don’t let online defamation damage your reputation and opportunities. Contact Minc Law today at (216) 373-7706 or schedule a meeting through our online contact form below to discuss your options and take the first step toward protecting your online reputation.

The internet defamation attorneys at Minc Law have the experience and legal strategies to help you fight back against online defamation, even when you cannot sue Google directly.