Newspaper article Sunshine Coast Daily (Maroochydore, Australia)

Google Beats ACCC over Web Ads

Newspaper article Sunshine Coast Daily (Maroochydore, Australia)

Google Beats ACCC over Web Ads

Article excerpt

MOST Australians probably heard the enormous sigh of relief that emanated from GoogleCOs head office at Googleplex in Mountain View, California when on February 6 this year, the High Court handed down its decision in GoogleCOs appeal against the findings of the Full Federal Court of Australia.

In issue was whether Google had breached the Trade Practices Act (as it then was) by engaging in misleading and deceptive conduct between 2005 and 2008 in displaying sponsored links in response to search inquiries.

The Full Federal Court had found that in displaying and publishing the misleading sponsored links, it had itself engaged in conduct which was misleading and deceptive and in breach of the legislation.

In doing so, the Full Federal Court overturned the decision of the trial judge who had found that although the representations in the sponsored links were misleading and deceptive, those representations had not been made by Google because an ordinary and reasonable member of the group of consumers who saw them would have understood that sponsored links were advertisements and would not have considered that Google had been responsible in any meaningful way for the advertisementsCO content. …

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