Google granted leave to appeal to the High Court in Adwords case
Search engine giant Google has been granted special leave to appeal a decision of the Full Federal Court which held it liable for misleading and deceptive “AdWords” sponsored links appearing in its search results.
The principle issues on appeal are:
- whether the Full Court was correct in finding that because Google published the advertisers’ links it was responsible for them; and
- whether the decision of Universal Telecasters (QLD) v Guthrie1 relating to the liability of a television broadcaster (and relied on by the ACCC before the Full Federal Court) is relevant to determining liability for misleading and deceptive conduct in the online environment, particularly in the search engine context.
According to the ACCC’s press release, “the ACCC looks forward to the High Court considering the issue of the role and responsibility of searching engine providers in online search advertising”.
We will keep you updated on developments as they unfold.
-  18 ALR 531