Even if you accept that (I don't, and neither should the courts), Google controls the next hundred processing/routing/rendering/middleware steps and is fully in control of the content that makes it to the user.
Sure they should, and they should raise the penalties accordingly to punish a company that puts out uncontrolled tech.
> is fully in control of the content that makes it to the user.
They do not control their chatbots parrot's squawking.