Part of his issue is all his stuff has gone so far right with Sky News (especially 'After Dark' shows) and the tabloids (which also basically includes The Australian now), similar to how Fox News in the US went. But it seems that while he is pulling in a number of crazies, it's seemingly nowhere as big a proportion of the population as in the US. So more people seem to be switching off than getting pulled in (thankfully).
I think its because Australia has a Preferential Voting system.
Did you even read the case-summary?
"The respondent commenced proceedings, claiming damages for defamation from the appellant"
(In Australia his main publications are news.com.au and associated other mastheads, and Sky News. Fox isn't a player).
https://inews.co.uk/news/technology/tech-giants-google-faceb...
Public broadcasters like the BBC love to gloat every few pixels about how trustworthy they are. Yet, they will have more secret commercial deals with tech giants to get automatic prominent positions in feeds, regardless of quality. They're already spending up on ads on those platforms, and now the money will move in both directions. What could go wrong?!
In addition, the scheme involves harvesting data of users on the social platforms. It's a messy conflict of interest that encourages high volumes of low quality. Because that's all that's needed to get paid.
Why didn't the lawyer sue the actual publisher?
https://www.theage.com.au/articles/2004/06/17/1087245041025....
“The respondent did not sue The Age for defamation; instead, in 2010, the respondent sued two authors of a book that, amongst other things, contained a chapter based on the Underworld article. One of the two authors was also the author of the Underworld article. The claim settled at mediation, and it was a term of the settlement that the authors would make certain revisions to the book. In exchange, the respondent released the authors from all liability in relation to a number of matters, including any article published in The Age or its affiliated publications concerning the respondent.” [¶182]
Among other things, the court highlights an analogy of a google search to a librarian retrieving a book for a patron, including bookmarking relevant passages. And it's noteworthy that the librarian could in fact be guilty of publishing defamatory material, because “publishing” is a technical term.
“It was not suggested by the courts below that the appellant, as an internet search engine operator, actually communicated the defamatory material. It is of course possible that search results may themselves contain matter which is defamatory. This was acknowledged in Trkulja 35 . But that is not this case.
The question which arises here is whether providing search results which, in response to an enquiry, direct the attention of a person to the webpage of another and assist them in accessing it amounts to an act of participation in the communication of defamatory matter.” [¶23-24]
“As the trial judge found, navigating the Web can be a challenge. Search engines assist in that process. But the analogy drawn by her Honour between a search result and a librarian handing over to a library user a book marked at a particular page is problematic, not the least because a search result is only one of a number of responses to an enquiry, as was the case here. Properly understood, a search result conveys to the person searching that they may be interested in one or more of the results. The person is not directed to a particular result, as the Court of Appeal implied. According to the trial judge's findings, results are ranked by the use of an algorithm having regard to relevance using "signals" or clues as to what the person searching is looking for according to the words used in their enquiry. The search result merely refers, in the sense of drawing attention, to a webpage. As Abella J pointed out in Crookes v Newton 68 , there is a difference between drawing a person's attention to the existence of an article and communicating its content. And whilst it may be said that the use of a hyperlink may mean The Age gains a reader, that does not make the appellant something other than a reference provider.
The respondent submitted that the Search Result had the added feature, to which the Court of Appeal referred, that by its terms it "enticed" the person searching to open the webpage. It is difficult to see how this level of excitement could be said to be generated by the words of the Search Result. Moreover, it needs to be borne in mind that the person has already activated a search for particular information before the result is received. As is the case with any search result, a person will employ the hyperlink if they think the webpage to which they are directed may provide the information they seek. It is notable that the respondent also submitted that the decisions of the New York courts should also be seen as involving "enticement". In doing so the respondent appears to equate "entice" with "call attention to".” [¶50-51]
Just a little context.
That kind of makes them sound like heroes, but a quick scan of their wikipedia articles makes me think that's probably not the case...
Explicitly allowing crawlers and — perhaps most tellingly, offering specific metadata for SEO optimisations — is tacit permission for the republication of hyperlinks/titles/snippets. If you don't like that deal, just deny Googlebot (et al). It really is that simple.
The settled law is a joke.
(Or in the alternative, as a non-news publisher, I want my cut too.)