Google Refuses Court Orders to take down defamatory auto complete search results

The distress of people who are labeled as criminals by the autocomplete function of Internet search engine Google is likely to continue for some time, in light of recent developments in their lawsuits against the company.

U.S. search engine giant Google Inc. has refused requests to stop displaying search results that appear to link potentially innocent people to criminal offenses, despite a spate of lawsuits in the Tokyo District Court seeking to have the firm take down misleading results.

Google, which has not abided by a provisional disposition ruling by the Tokyo District Court to suspend displaying such results, intends to fight the cases in court.

The key issue at hand is the "Google Suggest" function, which automatically displays popular searches related to original queries typed into the Google search bar.

Two plaintiffs have said that upon typing their names into the search bar, the suggest function displayed their names along with terms implicating them in crimes.

For one plaintiff, clicking on the suggested terms brings up a number of websites that indicate he has participated in crimes. One such website wrote, "He belongs to an organization that committed assault, which he took part in."

The plaintiff said a company offered him a job, but later withdrew after seeing such websites. He demanded Google stop displaying such search results, but the search engine company refused to do so.

In March, the court issued a provisional disposition to Google to suspend displaying such search results. The firm ignored the ruling, and afterward, the man filed a lawsuit against Google.

Another man filed a suit against Google in September without applying for a provisional disposition.

Google intends to contest the suits in court, saying that "the suggest function and search results do not constitute defamation of character."

Google's assertion is derived from a series of precedents that state Internet search service providers do not assume responsibility for defamation by lawless websites.

In two cases against Yahoo Inc., the Tokyo District Court ruled: "The search service provider did not manage the websites. Easy regulation could also impede the public's right to information." The cases were decided in favor of Yahoo.

Google has submitted the ruling as evidence to the court, saying the requests to suspend search results do not make sense.

To remove libelous postings on the Internet, people can demand website administrators delete them, or file a suit against the original poster by demanding Internet service providers disclose that person's information.

However, it is almost impossible for an individual to deal with hundreds of posts.

Even if the court approves the requests, if Google refuses to comply, there is no other option but to seek a compulsory execution through a court in California, where Google is located. However, this would take additional time and money.

"An in-depth judgment by a court will be required to prevent human rights violations. We must create a procedure in which the [Tokyo District Court] rulings will also be effective with foreign companies," said Yoji Ochiai, a lawyer and former public prosecutor who handled the Yahoo lawsuit.

"Once we are labeled [as a wrongdoer] on the Internet, we can't return to society. It's just like receiving a life sentence," said a 40-year-old man.

The man was arrested on suspicion of fraud and sentenced to 28 months in prison in 2003.

His criminal past still haunts him as his offense was posted on the Internet after his release.

He noticed that soon after he was discharged, blogs and Internet message boards popped up exposing his criminal background. Such sites are displayed whenever he searches for his name on the Internet.

He sent his resume to more than 10 companies, but was unanimously turned down.

"When I meet people for the first time, I'm always so afraid of what they're thinking about me," he said.

After discovering that there are lawyers who help to delete such information from the Internet, he arranged to meet one in July last year. The lawyer helped remove postings from six message boards and blogs. But the process resembled a game of whack-a-mole as site after site kept popping up as soon as one was deleted.

Google Suggest is one of the most annoying functions for him, he said.

If people type only his name in a search bar, websites exposing his past are not immediately displayed. But if people type in his name with the word "fraud," Google Suggest instantly brings up his criminal past.

"The crime I committed was serious. But I don't know why I have to keep facing sanctions for such a long time after being released from prison," he said. "I think there may be some people who cannot get jobs, which may drive them to commit a criminal acts again."

When requesting a site to be taken down, the usual procedure is to send a letter or an e-mail to the site's administrator. However, obtaining such contact information is not easy.

"If [search engine providers] handled the matter, this would be the quickest way to limit the damage," said lawyer Tomohiro Kanda, who works to delete more than 100 websites ever year.


http://www.yomiuri.co.jp/dy/national/T121019003745.htm