German Court Says Google Must Block Libelous Words Added Via Autocomplete Function

Google GermanyIn a surprising turn of events, Germany’s top civil court overturned two lower court rulings on a case involving Google’s autocomplete function. According to the ruling, it is Google’s responsibility to block libelous words that appear next to a name via the autocomplete function if Google has been alerted to the defamatory words.

The plaintiff in the case was an unidentified nutritional supplements company that filed the lawsuit against Google because the German-language site’s autocomplete function was adding the terms “Scientology” and “fraud” to the company’s name in search queries. The Washington Post reports that ruling by the Federal Court of Justice in Karlsruhe states the search suggestions offered by the autocomplete feature are a form of defamation as they falsely imply, “…a factual link between the plaintiff and the terms ‘Scientology’ and/or ‘fraud,’ which have negative connotations.”

In a case that is still pending, Germany’s former first lady Bettina Wulff brought similar charges against Google last year. When searching on the name Bettina Wulff, Google’s autocomplete function suggested words related to Germany’s red light district and escort services.

Google Germany autocomplete

Because Google’s autocomplete function uses an algorithm that relies on the frequency of previously searched terms, Bloomberg.com claimed the German spokesman for Google was surprised and disappointed by the ruling, finding it “incomprehensible” that Google could be held accountable for search terms entered by users. The Karlsruhe court argued that, “The search additions affect the plaintiff’s privacy rights as they convey the statement that there is a relationship between the plaintiff and the negative words. If that statement was untrue, the plaintiff’s rights would be violated.”

Related Topics: Channel: SEO | Features: Analysis | Google: Business Issues | Google: General | Google: Legal | Legal | Legal: General | Legal: Privacy | Top News

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About The Author: is Third Door Media's General Assignment Correspondent, and reports on the latest news and updates for Marketing Land and Search Engine Land. From 2009 to 2012, she was an award-winning syndicated columnist for a number of daily newspapers from New York to Texas. With more than ten years of marketing management experience, she has contributed to a variety of traditional and online publications, including MarketingProfs.com, SoftwareCEO.com, and Sales and Marketing Management Magazine. Read more of Amy's articles.

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  • fran farrell

    If the meaning is ambiguous, it could be false: in a word in a phrase before translation after translation in the OED as used by Chaucer, with a sox in a box with a rhyme or anytime by Dr. Seuse. In a word. Contemptible.

  • http://twitter.com/Mike_McGinley Mike McGinley

    Google can’t help what users are out there searching. What’s next? Will Google not be allowed to index blog posts that say something bad about a business or product?

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