How to remove defamatory statements from Google
The law in England provides victims of defamation with various avenues to remove defamatory statements from Google searches. The law of libel defamation is the most obvious one, but it has its own limitations.
Using libel law to remove defamation from Google
Can you obtain a defamation injunction in England
How long does it take for a defamation case in England to complete
What other method are available to remove defamation from Google searches
Using libel law to remove defamation from Google
You can use libel law to remove defamation from Google searches. However, using libel law to remove defamation has some limitations. The most common limitation on using defamation law to remove defamatory statements from Google is the time and the cost that it might take to prove defamation through the courts. This could mean that the defamation might stay on Google search engine for as long that your defamation court case is going on.
Can you obtain a defamation injunction in England
You can obtain a defamation injunction in England but there is a rule that says that, in nearly all cases, the court will not grant you a defamation injunction until you win your court case. The intention behind this rule is to protect free speech and to ensure that defamation legal proceedings are not being used to silence the press. The idea behind the rule that the court will not grant an injunction before you won your defamation case, despite the unfairness this rule seems to create, is that there is a price for defamation that the court can put on at the end of the case, which would compensate you if you won your defamation case. The price comes in forms of financial damages and vindications, such as an apology.
How long does it take for a defamation case in England to complete
Many defamation cases in England can last for up to 2 years, which relative to other jurisdictions, isn't terribly long but if you are being defamed, wating for that long for an injunction is far too long. Many defamation cases, however, will be concluded in the same year they started and the vast majority of defamation cases, will be settled within weeks or months from when they start. The time it might take to win a contested defamation case, means that if it is urgent for you to have defamation removed from Google searches, starting a defamation case might not be the best way to achieve your objective.
How long do you have to bring a defamation case in England
There is a limitation period for defamation cases in England. The limitation period is 12 months from the first day of the publication of the defamatory post. However, unlike the case in some other jurisdictions, the 12 months limitation period in England, is not set in stone and it is possible to apply to the court, under special circumstances, for a dispensation from the 12 months defamation limitation period. If your case is outside the limitation period, taking legal action for defamation, in order to have defamatory posts removed form Google searches, might be unhelpful. You might file for a defamation claim and lose your case on the basis that your have filed outside of the limitation period. Losing a defamation case, even if the case is lost on technicality, would make it harder for you to remove the defamation from Google.
What other method are available to remove defamation from Google searches
There are other legal methods to help you remove defamatory links from Google searches. These may include data protection law, privacy law and harassment law. Under data protection law, the publication that you wish to have removed, only needs to be inaccurate or incorrect, rather than false, as the case is under defamation. You might want to explore these options before you commence legal proceedings for defamation.
