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Google must act quickly on libellous Blogger posts, says appeal court

Landmark ruling that tech giant could be liable for comments if it has been notified of them and failed to remove them  —  Google may have to act quicker to remove potentially libellous posts from its Blogger platform following …

Guardian Lisa O'Carroll

Context & Ripple Effects

The ruling draws a sharper line between Google’s search operation and its hosted publishing service. A 2009 court decision had found Google not liable for defamatory search results, while earlier litigation had already put Google’s handling of allegedly defamatory online material under scrutiny.

Blogger gives Google a more direct role in the distribution of user posts than a search index does. The appeal court’s notice-and-removal standard therefore makes response speed a central part of Google’s exposure once a complaint arrives.

First-order effects

  • Google must treat notices alleging libel on Blogger as a prompt moderation and legal-review obligation, because delay after notification can create liability.
  • People targeted by Blogger posts gain a clearer route to press Google for removal, while Blogger authors face faster intervention after a complaint.

Second-order effects

  • Google’s distinction between indexing third-party material and hosting it becomes operationally important: the earlier search-results defamation ruling offers a different precedent from the duty applied to Blogger.
  • The decision raises the value of auditable complaint intake and removal processes for services that distribute user-authored material, with Google’s handling of each notice becoming legally consequential.

Third-order effects

  • If courts continue tying liability to notice and response time, distribution-layer services will be judged less by whether they originated a post than by how they act after being alerted to alleged harm.
  • The case points toward platform governance in which legal risk is concentrated in moderation workflows—intake, review and takedown—rather than solely in editorial control over publication.

The trend: Online intermediary liability is moving toward notice-based accountability, making a platform’s response to reported content as important as its role in initially carrying it.