A verdict in which a person’s whose name appears was published on a website in a manner that a Google search created a misleading and defaming title. The person contacted the site and Google and requested removal of the publication and upon encountering refusal filed for a claim for compensation. The site operator argued that the publication was published over 9 years ago and therefore the statute of limitation applies. Google argued that it is exempt because it did not receive a Court ordering it to remove the publication.
The Supreme Court held that because the person was unaware of the publication until a short time prior to demanding its removal the statute of limitation does not apply and in case it may well be that in case of publication in the internet the statute does not apply at all as it is a reoccurring tort. The website had the ability to remove the damaging publication and when it was brought to its attention it will be liable because there was no real argument why not to remove the publication.
The Court held that Google is also liable for the damage due to its refusal to remove or amend the publication, as requested. Because it was clear that the publication is erroneous, mistaken and tortious Google was obligated to remove it even without a Court ordering it to do so.