A line has been finally been drawn under an Adelaide woman’s 12-year legal battle against global tech giant Google after she sued the company twice, mostly unrepresented, and won.
The following are key points:
- Dr Janice Duffy has successfully argued that Google published defamatory excerpts in 2015 and 2023.
- She reached a confidential settlement with the company which would pay her damages and legal costs
- She said it’s never been about the money, but holding Google accountable.
Dr Janice Duffy was successful in arguing that Google published defamatory posts from American website RipOff Report, even though she notified Google and requested the removal of the posts.
She was set to start her damages trial on Monday for her most recent case but reached a confidential settlement with the multibillion-dollar company, which would pay her damages and legal costs.
It’s the second time the company will be coughing up, after she received over $100,000 in damages in 2015.
The former SA Government research said that it is not about the money. It’s about holding Google accountable.
Dr Duffy stated, “Google made me think I was nothing.”
“They just made me feel like I was this nothing human being – because I stood up to them.”
A dark place
Dr Duffy stated that the nightmare began when she first discovered defamatory remarks about her in the widely used platform.
She explained, “I was unable to leave the house. I used to watch serial killer documentaries to feel normal.
She became a member of a dog rescue network as if it were a dark time.
“I started it because, basically I wanted someone to look after my dog – if I didn’t survive it and I honestly didn’t think I was going to survive it.”
She considered suicide, claiming that her research career was destroyed.
She said she mustered all her strength to face her first court case, after realizing she could not afford to hire a lawyer.
“It was just horrific — truly horrific — when I realised I had to do the trial myself… the only things that I had was an old printer and my research skills,” she said.
Google defended its actions by claiming that they were innocent. However, even after the first incident, defamatory material continued to appear afterward.
Fighting back
Paul Heywood Smith, KC, helped Dr Duffy in her first proceeding.
“[Google] “They lost the case but continued to broadcast their arrogance and Janice Duffy was not prepared to accept it.”
Mr Heywood-Smith says her triumphs after fighting the giant mostly unrepresented — are remarkable.
“Google has the capacity to deep pocket anyone –make their legal costs and the costs of litigating so expensive that most people couldn’t even contemplate it,” he said.
The retired KC stated that Dr Duffy’s historic victories could help other potential plaintiffs.
When someone goes to their lawyer and asks if they have a case, “have I got one?” and the solicitor goes to the law on defamation — they will see the case of Duffy against Google and it’s clear cut — and so she’s done a wonderful service.”
Emotional toll
Independent expert in technology and law, Joel Lisk from Flinders University, said there may not be a large amount of similar proceedings in Australia — given the expense, time and emotional toll it would take on potential plaintiffs.
“It should be the approach of last resort – you should be able to settle these matters or request Google to remove them – but it does strengthen the defamation position here in Australia.”
According to him, the case of Dr. Duffy could lead search engine companies into a greater responsibility in terms of monitoring what is displayed on their websites.
“Following this proceeding, Google will likely look at the judgement and take steps and look at how it manages and produces data – but there’s only so many things you can do without significant technological innovation.”
Google did not respond in time to the ABC’s request for comment on Dr Duffy’s case.
