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Mr. Echikson also writes in the company blog that Google already removes information that is found to be “incorrect, defamatory or otherwise illegal.” It’s important to note that an algorithm decides Google’s search results. Since the search engine giant does not monitor the algorithm beyond looking for information that is “incorrect, defamatory or otherwise illegal,” Google has no editorial position. As a result, Google cannot be hit with a libel lawsuit. This was the case argued in 2012 when Germany’s former first lady, Bettina Wulff, sued the Internet search giant.
The DailyTech writes that this will be the CJEU’s opportunity to find out if Google should be held responsible for its actions, as a “controller” of information, or whether it was merely acting as a host of information.
Another question that the CJEU will have to solve is whether or not Google is in its jurisdiction. Google, based in the US, might not be subject to European privacy laws.
If Google is found to be outside of the EU’s jurisdiction, than the many cases it faces could go away.
The CJEU is expected to reach a conclusion by the end of the year.