SUPREME COURT OF SOUTH AUSTRALIA
(Civil)
DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply
to this judgment. The onus remains on any person using material in the judgment to ensure that the intended use of that material does not
breach any such order or provision. Further enquiries may be directed to the Registry of the Court in which it was generated.

DUFFY v GOOGLE INC
[2015] SASC 170
Judgment of The Honourable Justice Blue
27 October 2015

DEFAMATION - PUBLICATION - GENERALLY - AS CAUSE OF
ACTION
DEFAMATION - PUBLICATION - GENERALLY - REPUBLICATION
DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE
DEFAMATION - OTHER DEFENCES
DEFAMATION - JUSTIFICATION - TRUTH - SUBSTANTIAL TRUTH
AND CONTEXTUAL TRUTH
Action for defamation.
Between December 2007 and January 2009, six articles were published on the Ripoff
Report website about the plaintiff. Other websites published material about the plaintiff
ostensibly derived from the Ripoff Report articles.
In September 2009, the plaintiff notified the defendant that searches for her name resulted
in defamatory paragraphs displayed on the defendant’s websites derived from and
containing hyperlinks to six defamatory webpages on the Ripoff Report website and some
of the secondary websites. The plaintiff requested removal of the paragraphs and
hyperlinks from the defendant’s websites. The defendant did not remove the material until
2011 when it removed the material relating to the six Ripoff Report webpages but not the
other webpages.
In July 2011, the plaintiff notified the defendant that searches for her name on its websites
resulted in the display by the defendant’s Autocomplete utility of the defamatory alternative
search term “Janice Duffy Pyschic Stalker” and requested its removal. The defendant did
not remove it.

Plaintiff: JANICE MARGARET DUFFY
Other: SELF REPRESENTED
Defendant: GOOGLE INC
Counsel: MR S DOYLE SC - Solicitor: HWL EBSWORTH LAWYERS
Hearing Date/s: 22/06/2015 to 26/06/2015, 29/06/2015, 06/08/2015
File No/s: SCCIV-14-18
A

 2
The plaintiff contends that after receiving notification from her the defendant published on
its websites material the subject of the notifications that was defamatory of her. The
plaintiff contends that publication was made to Ms Palumbo, Mr Trkulja and substantial
numbers of persons unknown.
The defendant denies publication and relies on defences of innocent dissemination,
qualified privilege, justification and contextual truth. Other defences and issues relating to
damages are to be determined at a subsequent trial.
Held:
1.
The defendant was a publisher of allegedly defamatory paragraphs on its websites
and a republisher via hyperlinks to the Ripoff Report webpages the subject of those
paragraphs being those for which the plaintiff sues and of which the plaintiff gave
notification and which the defendant failed to remove within a reasonable time. This
applies to the first four Ripoff Report webpages and the paragraphs referring to them and
several paragraphs referring to secondary websites' (at [204]-[207], [221], [226]-[230],
[233], [240]-[255]).
2.
The defendant published to Ms Palumbo in mid and late 2010 paragraphs relating to
the first and second Ripoff Report webpages and republished the webpages themselves and
in 2012 the Autocomplete words “Janice Duffy Psychic Stalker” (at [267]-[270], [273][274], [279]-[282], [284]).
3.

The defendant did not relevantly publish any material to Mr Trkulja (at [288]-[293]).

4.
The defendant published to substantial numbers of persons unknown in Australia the
first and second Ripoff Report webpages and republished the webpages themselves. The
defendant also published two paragraphs relating to Complaints Board webpages, one
paragraph relating to a 123 People webpage and the Autocomplete words “Janice Duffy
Psychic Stalker” (at [313]-[319], [322]-[325], [329], [343]-[345]).
5.
The paragraphs relating to the first and second Ripoff Report webpages and the
webpages themselves and the paragraph relating to the 123 People webpage gave rise
variously to imputations that the plaintiff stalks psychics, obsessively and persistently
harasses psychics; fraudulently and/or maliciously accesses other people’s electronic emails
and materials; spreads lies; threatens and manipulates other people; is an embarrassment to
her profession; misused her work email address for private purposes and engaged in
criminal conduct. These imputations were defamatory of the plaintiff (at [355], [359],
[362], [368], [371]).
6.
7.
[410]).

The defence of innocent dissemination is not established (at [386]-[387]).
The defence of qualified privilege is not established (at [400]-[401], [406]-[407],

8.
The defence of justification is established in relation to the imputation that the
plaintiff misused her work email address for private purposes. The defence otherwise is not
established (at [454], [460]).
9.

The defence of contextual truth is not established (at [472]-[473]).

10.

The trial is to proceed in relation to the remaining issues (at [481]).

Defamation Act 2005 (SA) s 7, s 23, s 24, s 28, s 30, s 31; Limitation of Actions Act 1936
(SA) s 37(1), s 37(2), s 48, referred to.
Crookes v Wikimedia Foundation Inc (2011) 337 DLR (4th) 1; Dr Yeung Sau Shing Albert
v Google Inc [2014] 4 HKLRD 493; Oriental Press Group Limited v Fevaworks Solutions
Ltd [2013] 5 HKC 253; Trkulja v Google Inc LLC (No 5) [2012] VSC 533, applied.

 3
Bleyer v Google Inc LLC [2014] NSWSC 897; Metropolitan International Schools Ltd
(trading as SkillsTrain and/or Train2Game) v Designtechnica Corp (trading as Digital
Trends) and others [2010] 3 All ER 548; Niemela v Malamas [2015] BCSC 1024,
distinguished.
A v Google New Zealand Ltd [2012] NZHC 2352; Aon Risk Services Australia Ltd v
Australian National University (2009) 239 CLR 175; Barbaro v Amalgamated Television
Services Pty Ltd (1985) 1 NSWLR 30; Bunt v Tilley [2007] 1 WLR 1243; Byrne v Deane
[1937] 1 KB 818; Channel Seven Adelaide Pty Ltd v Manock [2010] SASCFC 59; Crookes
v Wikimedia Foundation Inc (2008) 61 CCLT (3d) 148; Dow Jones & Company Inc v
Gutnick (2002) 210 CLR 575; Echo Publications Pty Ltd v Tucker & Ors; Fast Buck$ v
Tucker & Anor (No 3) [2007] NSWCA 320; Emmens v Pottle (1886) 16 QBD 354; Godfrey
v Demon internet Ltd [2001] QB 201; Goldsmith v Sperrings Limited [1977] 1 WLR 478;
Griffith v Australian Broadcasting Corporation [2010] NSWCA 257; Howe & McColough
v Lees (1910) 11 CLR 361; Hunt v Great Northern Railway Co (No 2) [1891] 2 QB 189;
Lee v Wilson & MacKinnon (1934) 51 CLR 276; McPhersons Ltd v Hickie [1995] Aust
Torts Reports 81-348; Murray v Wishart [2014] 3 NZLR 722; Papaconstuntinos v Holmes
à Court (2012) 249 CLR 534; Rana v Google Australia Pty Ltd [2013] FCA 60; Tamiz v
Google Inc [2012] EWHC QB 449; Tamiz v Google Inc [2013] EWCA Civ 68; Thompson v
Australian Capital Television Pty Ltd (1996) 186 CLR 574; Urbancich v Drummoyne
Municipal Council (1991) Aust Torts Reports 81-127; Wishart v Murray [2013] 3 NZLR
247; Vizetelly v Mudie’s Select Library Limited [1900] 2 QB 170, discussed.
Al Amoudi v Brisard [2006] EWHC (QB) 1062; Atkas v Westpac Banking Corporation
(2010) 241 CLR 79; Austin v Mirror Newspapers Ltd [1986] AC 299; Bashford v
Information Australia (Newsletters) Pty Ltd (2004) 218 CLR 366; Berezovsky v Michaels
[2001] 1 WLR 1004; Blake v Stevens (1864) 4 E & F 232 (176 ER 544); Bottomley v FW
Woolworth & Co Ltd (1932) 48 TLR 521; Braddock v Bevins [1948] 1 KB 580; Cassidy v
Daily Mirror Ltd [1929] 2 KB 331; Crocombe v Examiner Newspapers Ltd unreported,
High Court of New Zealand, 24 February 1992; Cush v Dillon [2011] HCA 30, (2011) 243
CLR 298; David Syme & Co v Canavan (1918) 25 CLR 234; Duke of Brunswick v Harmer
(1849) 14 QB 185; E Hulton & Co v Jones [1910] AC 20; Fullam v Newcastle Chronicle
and Journal Ltd [1977] 1 WLR 651; Hough v London Express [1940] 2 KB 507; Huth v
Huth [1915] 3 KB 32; Goldsmith v Sperrings Ltd [1977] 2 All ER 566 ; Guise v Kouvelis
(1947) 74 CLR 102; Jensen v Clark [1982] 2 NZLR 268; John Fairfax Publications Pty Ltd
v Obeid (2005) 64 NSWLR 485; Johnson Hudson (1836) 7 A & E 233n (112 ER 459);
Lambert v Roberts Drug Stores Ltd [1933] 4 DLR 193; Lewis v Daily Telegraph Ltd [1964]
AC 234; Lower Murray Urban and Rural Water Corporation v Di Masi, Belbin &
Marciano [2014] VSCA 104; Morgan v Odhams Press [1971] 1 WLR 1239; Mirror
Newspapers Ltd v Harrison (1982) 149 CLR 293; McNicoll v Grandy [1932] 1 DLR 225;
National Assembly for Wales v Condron [2006] EWCA Civ 1573; Nationwide News Pty
Ltd v the University of Newlands & Anor [2005] NZCA 317; Parmiter v Coupland (1840) 6
M & W 105; Pullman v Water Hill & Co Ltd [1891] 1 QB 524; Radio 2UE Sydney Pty Ltd
v Chesterton (2009) 238 CLR 460; Readers Digest Services Pty Ltd v Lamb (1982) 150
CLR 500; Reynolds v Times Newspapers Ltd [2001] 2 AC 127; Roberts v Bass (2002) 212
CLR 1; Shevill v Presse Alliance SA [1996] AC 959; Slatyer v The Daily Telegraph
Newspaper Co Ltd (1908) 6 CLR 1; Society of Composers, Authors and Music Publishers
of Canada v Canadian Association of internet Providers (2004) 240 DLR (4th) 193; Sun
Life Assurance Co of Canada v WH Smith and Son Ltd (1933) 150 LT 211; Theophanous v
Herald and Weekly Times (1994) 182 CLR 104; Tolley v Fry [1930] 1 KB 467; Toogood v
Spyring (1834) 1 Cr M & R 181; Trkulja v Google Inc [2010] VSC 226; Trkulja v Google
Inc (No 2) [2010] VSC 490; Truth (NZ) Ltd v Holloway [1960] 1 WLR 997; Villers v
Monsley (1769) 2 Wils 403 ; Wake v John Fairfax & Sons Ltd [1973] 1 NSWLR 43; Ward
v Smith (1830) 6 Bing 749; Watts v Fraser (1835) 7 C & P 369 (173 ER 164); Weldon v
"The Times" Book Co Ltd (1911) 28 TLR 143, considered.

 DUFFY v GOOGLE INC
[2015] SASC 170

Civil:
BLUE J:
1

Dr Janice Duffy sues Google Inc for defamation.

2

In December 2007, two articles concerning Dr Duffy were published on the
Ripoff Report website. Two more articles were published in August 2008, with a
further article in December 2008 and one in January 2009.

3

Dr Duffy claims that the articles and comments thereon (the Ripoff Report
material) contained defamatory imputations. The pleaded imputations include
that she stalks psychics; obsessively and persistently harasses psychics;
fraudulently and/or maliciously accesses other people’s electronic emails and
materials; spreads lies; threatens and manipulates other people; is an
embarrassment to her profession; misused her work email address for private
purposes and engaged in criminal conduct.

4

Other websites, namely Complaints Board, 123 People, Is This Your Name
and Wiki Name, published material concerning Dr Duffy ostensibly derived from
the Ripoff Report material (the secondary material).

5

In July 2009, Dr Duffy became aware that searches for her name on
Google’s websites resulted in the display of extracts from and hyperlinks to the
Ripoff Report material. In September 2009, she notified Google of the Ripoff
Report material that she claimed was defamatory of her and being republished by
Google, and of extracts from the Ripoff Report material and some of the
secondary material that she claimed were defamatory of her and being published
by Google. She requested removal of that material. Google declined the request.

6

In February 2011, Dr Duffy instituted this action. Between March and
November 2011, Google progressively removed the display of extracts from and
hyperlinks to the Ripoff Report material from its Australian website.

7

In July 2011, Dr Duffy became aware that searches for her name on
Google’s websites resulted in the display by Google’s Autocomplete utility of the
alternative search term “janice duffy psychic stalker”. Dr Duffy notified Google
of this and claimed that the display of those words on Google’s websites
amounted to publication of defamatory material. Dr Duffy amended her pleading
to incorporate this additional cause of action. Dr Duffy subsequently became
aware that Google’s Related Search utility produced similar search terms and
amended her pleading to plead that this also was defamatory.

 Blue J

[2015] SASC 170

2
8

Google denies publication and in any event denies that the material
displayed on or linked from its websites gave rise to the pleaded defamatory
imputations. Google relies on defences of innocent dissemination, qualified
privilege, justification and contextual truth. The trial of the action encompassed
these liability issues, leaving for a subsequent trial defined issues relating broadly
to damages.
The issues to be decided are:

9

1.

did Google publish the allegedly defamatory material to a third party
or parties?

2.

do the pleaded imputations arise from that material?

3.

are the pleaded imputations defamatory of Dr Duffy?

4.

is the defence of innocent dissemination1 made out?

5.

is the defence of qualified privilege2 made out?

6.

is the defence of justification3 made out?

7.

is the defence of contextual truth4 made out?

The plaintiff’s case
10

11

Dr Duffy’s case has three aspects. The first is that since 12 September 20095
Google published on its websites to users searching for variations of her name
paragraphs of search results that contained text from and hyperlinks to 16
external webpages which paragraphs are defamatory of her. In some cases, the
precise words of the text varied depending on the variant of Dr Duffy’s name
entered into the search box and when the search was carried out.
The paragraphs said to have been published to users searching for
“Dr Janice Duffy” are as follows:
Ripoff Report
R1

1
2
3
4
5

6
7

Ripoff Report Janice Duffy – Psychic Stalker Psychics Beware Of…6
Dr Janice Duffy is truly an embarrassment to her profession as a Senior Researcher
in Adelaide Australia #2 Consumer Comment. Respond to this report!..7

At common law or under the Defamation Act 2005 (SA) s 30.
At common law or under the Defamation Act 2005 (SA) s 28.
At common law or under the Defamation Act 2005 (SA) s 23.
Under the Defamation Act 2005 (SA) s 24.
Some paragraphs are alleged to have been published between 12 September 2009 and 13 October
2010, some after 14 October 2010 and others after 12 September 2009.
In one variation, “Ripoff Report” is omitted and “Australian” appears at the end.
In one variation, the words after “Senior” are omitted.

 [2015] SASC 170

Blue J

3
www.ripoffreport.com/...Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached
R2

Rip-off Report Dr Janice M Duffy Stop the Australian Psychic …8
Dr Janice Duffy Stop the Australian Psychic Stalker Dr. Janice Duffy!! Adelaide.
South Australia Adelaide, South Australia
www.ripoffreport.com/…/Dr-Janice-Duffy/dr-janice-duffy-stop-the-austdeb8p.htm Cached

R3

Dr Janice Duffy   Rip-off Report #363490
15 Aug 2008…Dr Janice Duffy Senior Researcher Dr Janice Duffy Psychic Stalker
from the Respiratory Function Unit, Repatriation General Hospital…
www.ripoffreport.com/…/Dr-Janice–Duffy/dr-janice-duffy-senior-researcherc9534.html United States Cached

R9

Ripoff Report Janice Duffy-Psychic Stalker! Psychics Beware Of
Sugarpie (1/1/2008 3:39:50 pm] Dr Janice Duffy uses her government work email
address to email anti-Kasamba psychics clients Katie [1/2/2008 8:02:31 PM]…
217.17.158.39/reports/0/295/RipOff0295712.htm

123 People
P1

Janice Duffy – Email Address, Phone Numbers, everything! 123 people.com9
Dr Janice Duffy Stop the Australian Psychic Stalker Dr Janice Duffy!…Dr Janice
Duffy uses her government work email address to email anti-Kasamba …10
www.123people.com/s/janice+duffy - United States

P2

Janice Duffy – Email Address, Phone Numbers, everything …
Dr Janice Duffy Stop the Australian Psychic Stalker Dr Janice Duffy!… american
man was placed there as a means of identifying this Janice person!…
www.123people.com/s/janice+person - United States

Complaints Board
C1

Dr Janice M Duffy Senior Researcher
Are you also a victim of the Dr Janice M Duffy Senior Researcher? Submit a
complaint to help other consumers to be educated and don’t let them get away…
Error! Hyperlink reference not valid./…/dr-janice-m-duffy-senior-researchera55917.html Cached

C2

Dr Janice Duffy
Are you also a victim of the Dr Janice Duffy? Submit a complaint to help other
consumers to be educated and don’t let them get away with it! 11
Error! Hyperlink reference not valid./…/dr-janice-duffy-a55921.html Cached

Miscellaneous
M1
8
9
10

11

Janice Person - WikiName

In one variation, “Stop the Australian Psychic” is replaced by “#295925”.
In one variation, the words after “Everything” are omitted.
In one variation, the words after “Duffy!” are replaced by “Adelaide, South Australia Adelaide, South
Australia”.
In one variation, the words after “help” are omitted.

 Blue J

[2015] SASC 170

4
Ripoff Report: Dr. Janice Duffy Stop the Australian Psychic …Dr. Janice Duffy
Stop the Australian Psychic Stalker Dr. Janice Duffy!…
wiki.name.com/en/Janice_Person Cached
12

The paragraphs said to have been published to users searching for “Janice
Duffy” are as follows:
Ripoff Report
R1A Ripoff Report Janice Duffy – Psychic Stalker! Psychics Beware Of…
Psychics must beware of a psychic stalker named Janice Duffy. She is a woman
that comes from Australia and writes phoney rip off reports on psychics …
www.ripoffreport.com/...Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached
R1B Janice Duffy – Psychic Stalker! Psychics Beware Of Australian…
30 Dec 2007 … Janice Duffy Psychic Stalker! Psychics beware of Australian
Psychic stalker! Janice Duffy stalked me on the computer for several months…
www.ripoffreport.com/.../Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached
R2

Rip-off Report Dr Janice M Duffy Stop the Australian Psychic …12
Dr Janice Duffy Stop the Australian Psychic Stalker Dr. Janice Duffy!! Adelaide,
South Australia Adelaide, South Australia
www.ripoffreport.com/…/Dr-Janice-Duffy/dr-janice-duffy-stop-the-austdeb8p.htm Cached

R3

Dr Janice Duffy Review   Rip-off Report #363490
15 Aug 2008…Dr Janice Duffy Senior Researcher Dr Janice Duffy Psychic Stalker
from the Respiratory Function Unit, Repatriation General Hospital…
www.ripoffreport.com/…/Dr-Janice–Duffy/dr-janice-duffy-senior-researcherc9534.html United States Cached

123 People
P2

Janice Duffy – Email Address, Phone Numbers, everything …
Dr Janice Duffy Stop the Australian Psychic Stalker Dr. Janice M Duffy!!
Adelaide, South Australia Adelaide, South Australia …
www.123people.com/s/janice+person - United States

Complaints Board

12

C1

Dr Janice M Duffy Senior Researcher
Are you also a victim of the Dr Janice M Duffy Senior Researcher? Submit a
complaint to help other consumers to be educated and don’t let them get away…
Error! Hyperlink reference not valid./…/dr-janice-m-duffy-senior-researchera55917.html Cached

C2

Dr Janice Duffy
Are you also a victim of the Dr Janice Duffy? Submit a complaint to help other
consumers to be educated and don’t let them get away with it!

In one variation, “Stop the Australian Psychic” is replaced by “#295925”.

 [2015] SASC 170

Blue J

5
Error! Hyperlink reference not valid./…/dr-janice-duffy-a55921.html Cached
C3

Dr Janice Duffy - Psychic Stalker! Psychics Beware Of Australian…
Are you also a victim of the Janice Duffy - Psychic Stalker! Psychics Beware Of
Australian Psychic Stalker!? Submit a complaint to help other consumers to….
Error! Hyperlink reference not valid./…/janice-duffy-psychic-stalker-psychicbeware-of-Australian-psychic-stalker-a55920.html Cached

Miscellaneous
M2 STOP KASAMBA/LIVEPERSON PSYCHIC RIP-OFF
28 Sep 2008 … The person that is posting this about the site is Janice Duffy, a
addict to Psychic readers, she tarnishes there reputation and still seeks …
Kasamba.pissedconsumer.com/stop-kasamba-liveperson…/1.html Cached
13

The paragraphs said to have been published to users searching for “Dr
Janice M Duffy”, “Dr Janice M Duffy Adelaide” or “Janice Duffy Adelaide” 13
are as follows:
Ripoff Report

13

14
15
16

R1

Ripoff Report Janice Duffy – Psychic Stalker! Psychics Beware Of Australian… 14
Dr Janice Duffy is from Adelaide Australia and is a senior researcher. Please …
www.ripoffreport.com/...Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached

R2

Rip-off Report Dr Janice M Duffy Stop the Australian Psychic …15
Click Here to read other Ripoff Reports on Dr Janice Duffy. Search for additional
reports … I’m sorry, but this place has gotten really really sick... 16
www.ripoffreport.com/…/Dr-Janice-Duffy/dr-janice-duffy-stop-the-austdeb8p.htm Cached

R3

Dr Janice Duffy Review   Rip-off Report #363490
15 Aug 2008… Please be aware of Dr Janice Duffy the psychic stalker from
Adelaide Australia. Dr. jake Los Angeles, California…
www.ripoffreport.com/…/Janice–Duffy/dr-janice-duffy-senior-resear-c9534.html
United States Cached

R4

Dr Janice M Duffy Senior Researcher   Ripoff Report #363738
Dr Janice M Duffy Dr Janice M Duffy Senior Researcher Dr Janice M Duffy
Adelaide Australia continues to stalk Live Person Kasamba Psychics Adelaide …
www.ripoffreport.com/…/dr-janice-m-duffy…/dr-janice-m-duffy-dr-janice8f472.htm United States Cached

R7

Liveperson Kasamba   Ripoff Report #357787

I do not reproduce paragraphs resulting from searches for these three terms in the Background section
below because ultimately I find that Dr Duffy has not proved publication to any publishee of
paragraphs resulting from searches for those names: see [336]-[368] below.
In one variation, “Ripoff Report” is omitted.
In one variation, “Stop the Australian Psychic” is replaced by “#295925”.
In one variation, the snippet reads “Dr Janice Duffy Stop the Australian Psychic Stalker Dr Janice
Duffy! … I'm a psychic, I went to Kasamba as it was the ‘up and comer’ so that I could…”. In a
further variation, the words “I’m a psychic” etc are replaced by “Adelaide, South Australia Adelaide,
South Australia.”

 Blue J

[2015] SASC 170

6
Adelaide, Australia Dr Janice Duffy is a 52-year-old woman that gets psychic
readings over and over again, even though she is constantly bashing them here
on…
www.ripoffreport.com/…/liveperson-Kasamba-unethical-c-wa8da.htm Cached Similar
R8

Ripoff Report   All Scams, Consumer Complaints And Frauds   Page 1714
3 Nov 2008 … Janice M Duffy Senior Researcher Dr Janice M Duffy Adelaide,
Australia continues to stalk Liveperson Kasamba psychics Adelaide,…
www.ripoffreport.com/lists/1/default1714.htm - Cached

123 People
P1

Janice Duffy – Email Address, Phone Numbers, everything …
4 Dec 1998... Dr Janice Duffy Stop the Australian Psychic Stalker Dr Janice Duffy!
Adelaide, South Australia Adelaide, South Australia …17
www.123people.com/s/janice+duffy - United States

Complaints Board
C1

Dr Janice M Duffy Senior Researcher
Are you also a victim of the Dr Janice M Duffy Senior Researcher? Submit a
complaint to help other consumers to be educated and don’t let them get away…
Error! Hyperlink reference not valid./…/dr-janice-m-duffy-senior-researchera55917.html Cached

C2

Dr Janice Duffy - Psychic Stalker! Psychics Beware Of Australian…18
Are you also a victim of the Dr Janice Duffy? Submit a complaint to help other
consumers to be educated and don’t let them get away with it! 19
Error! Hyperlink reference not valid./…/dr-janice-duffy-a55921.html Cached

C4

Companies suspected of fraudulent practices
Dr Janice M Duffy. Senior Researcher – Goldfield Credit – At Home Rewards –
Shopping Essentials – Indian Valley Kennels – Carla Ferrier Owner/Breeder …20
Error! Hyperlink reference not valid./suspicious-companies/page/8

Miscellaneous
M3

17

18
19
20
21

All about ‘Janice Duffy’
Dr Janice Duffy Review   Rip-off Report #295925. Dr Janice Duffy Stop the
Australian Psychic Stalker Dr Janice Duffy!! Adelaide, South Australia
Adelaide…21
www.isthisyour.name/janice_duffy.htm Cached

In one variation, the address “Adelaide” etc is replaced with “Janice M Duffy (Age 57) 52302
MARION, IA – view details...”
In one variation, the words “Psychic Stalker! Psychics Beware Of Australian” are omitted.
In one variation, the words after “help” are omitted.
In one variation the words after “At Home Rewards” are omitted.
In one variation the first seven words are omitted and the words “at:ripoffreport.com/...” are added at
the end

 [2015] SASC 170

Blue J

7
14

15

The second aspect of Dr Duffy’s case is that, by reason of the publication of
such text and hyperlinks to the Ripoff Report material, Google was a republisher
of the Ripoff Report material.
The third aspect of Dr Duffy’s case is that Google published the words
“janice duffy psychic stalker” by its Autocomplete utility from June 2011
onwards and its Related Search utility from June 2012 onwards.
Background
Dr Duffy
Dr Duffy was born in 1956.

16
17

In 1992, Dr Duffy was awarded a Bachelor of Arts Honours degree at
Flinders University. She undertook the degree part time while working. In 1991,
she was diagnosed as suffering from depression.

18

In 1999, Dr Duffy was awarded a PhD at Flinders University. She
undertook the degree part time while working.

19

Between 2001 and early 2003, Dr Duffy was employed as a Senior
Research Officer at the South Australian Community Health Research Unit. In
late 2002 early 2003, she was diagnosed as suffering from Major Depression and
Generalised Anxiety Disorder. She was away from work for some months.

20

In April 2003, Dr Duffy returned to work as a Senior Research Officer,
initially at the Social Inclusion Unit in the Department of Premier and Cabinet
and then at the Research Analysis and Evaluation Unit in the Department of
Health. In mid 2006, Dr Duffy again suffered from major depression.

21

In June 2006, Dr Duffy transferred to the Health Promotion Branch at the
Department of Health and in September 2006 to the Respiratory Function Unit at
the Repatriation General Hospital at Daw Park in the Department of Health. In
mid 2007, she again suffered from major depression and was away from work in
May and June 2007.

22

In August 2008, Dr Duffy suffered a fall and did not effectively return to
work thereafter. In August 2010 Dr Duffy entered into a redemption agreement
with WorkCover and resigned her employment as part of the agreement.
World Wide Web22

23

The Internet (the internet) is a system of globally linked computer networks
that communicate using a standardised protocol. The World Wide Web (the web)
is a system of linked documents (webpages) that are accessed via the internet.

22

This section is derived from evidence given by Mr Madden-Woods. Much of it is now common
knowledge.

 Blue J

[2015] SASC 170

8
24

A website comprises a top level webpage together with a hierarchy of
subordinate webpages. A website is hosted on a computer server and is
controlled by a person or organisation called a webmaster. Webpages are
fundamentally written in Hypertext Markup Language (HTML).23 Each webpage
has a unique electronic address, being a Uniform Resource Locator (URL), which
is itself written in HTML. In 2008, the web included 1 trillion webpages accessed
by the Google Search Engine.24 In mid 2012, the web included 30 trillion
webpages accessed by the Google Search Engine.

25

A computer uses a software program called a web browser (browser) to
access the web. Examples of browsers are Internet Explorer, Chrome, Firefox
and Safari. A browser reads the HTML code of a webpage and displays it in
human language in a graphical user interface. One method of access to a
webpage is for the user to enter its URL into the address bar of the browser.
Another method is to mouse click on a hyperlink in a webpage, including a
webpage of a search engine.
Google25

26

Google Inc is a corporation incorporated in the United States of America.
Google owns and operates, amongst others, the websites www.google.com (the
Google generic website), www.google.com.au (the Google Australian website)
and other country code domain websites.

27

When a user with an Australian IP address enters the URL
“www.google.com”26 into the address bar of a browser, Google causes it to
default automatically to the Google Australian website. The user can override
this automatic default if the user knows how to do so.

28

The Google websites offer various functions to users. One is Google Web
Search which upon request provides a list of search results for given words or
phrases appearing in publicly accessible webpages on the web. This is one of
several functions performed by the Google Search Engine.27 The Google Search
Engine comprises vast databases compiled over historical time coupled with a
search function that operates in real time when a user initiates a search.

29

A user undertakes a Google Web Search by entering a word or words into
the search box on the Google website.28 This results in the display of search
23

24
25

26

27

28

Media files (eg image files and video files) forming part of or linked to a webpage are written in a
different language but are not relevant in the present case. Webpages also contain subsidiary codes
such as JavaScript.
Google only accesses publicly available webpages on the Web.
This section is derived from evidence given by Mr Madden-Woods and Mr Herscovici. Much of it is
now common knowledge.
The user must also enter a prefix such as “https://” but I omit it throughout this judgment for ease of
reference.
Other functions are image, map, video and book searches, but none of these are relevant in the present
case.
I assume for present purposes that the user is using the Google Australian website.

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9
results on the user’s screen. Each search result consists of a paragraph
(paragraph) comprising three parts:
 Title – a reproduction of a selection from the title of the underlying
webpage;
 Snippet – a reproduction of a selection of text from the underlying
webpage that contains the word or words the subject of the search;
 URL – the URL (or an elided version thereof where it is longer than one
line) of the underlying webpage.
30

31

The title also operates as a hyperlink to the underlying external webpage. A
hyperlink is a piece of HTML code inserted by the operator of the website
currently being accessed (in this case Google): clicking the mouse on the
hyperlink causes the browser to display a webpage of a different website.29 In this
case, clicking on the title results in the display of the webpage whose URL is
displayed at the end of the search result.30
Frequently the word “cached” appears immediately after the URL. Google
generally retains on its servers a cached (historical) copy of webpages it has
crawled and indexed. Clicking the mouse on the word “cached” operates as a
hyperlink to Google’s own cached copy of the external webpage.

32

The Google Search Engine compiles databases over historical time that are
constantly being updated and are used by Google web Search. The first stage is
undertaken by a computer program called a web crawler or robot. The crawler
program visits publicly available webpages on the Web and downloads and
retains a copy of the HTML code and any other code comprising the webpage
together with meta data relating to the webpage. The frequency with which a
given webpage is visited by the crawler depends on its relative importance as
determined by computer algorithms and may vary from minutes or hours to
weeks or months.

33

The second stage of compiling databases is undertaken by computer
software known as an indexer program. The indexer program creates an index of
each word found on webpages by the crawler program. The index records for
each word a unique ID that is linked to the unique URL of each webpage on
which that word has been found. The index also records data relating to each
webpage, such as its nature, form and publication date, which is later used by the
search program to rank results.

29

30

A hyperlink can also be used to link webpages within the same website but that usage is not relevant
to the present case.
In July 2011, Google moved the display of the URL from the end of the search result to immediately
below the title. However, in general terms the searches the subject of this action pre-date July 2011
and I describe the display as it was before that change.

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34

The databases compiled in these two stages are compiled automatically
without human intervention. They are compiled by algorithms written by human
beings.

35

If a webpage that has been crawled and indexed is subsequently removed
by its webmaster from its website, the next time the crawler visits the website it
will cause the indexer to remove the webpage from the index.

36

A webmaster can use tools provided by Google to prevent a specified
webpage being crawled and/or indexed and/or to prevent a specified webpage
having a snippet displayed or a cached copy made available to a user undertaking
a search on the Google websites.

37

Google itself maintains a removals list that prevents specified webpages
having a paragraph (title, snippet and URL) displayed to a user undertaking a
search on a specified country code domain Google website.

38

The Google search program, in contradistinction to the crawler and indexer
programs, operates in real time when a user initiates a word search on a Google
website. It compiles a list of paragraphs (title, snippet and URL) relating to the
webpages that contain the word or words entered by the user in the search box. If
two or more words are entered, unless otherwise instructed by the user, it will
only return results relating to webpages that contain all of the words entered. It
ranks or prioritises the paragraphs in accordance with a ranking algorithm
designed to present the most relevant results first. The ranking algorithm has
regard to over 200 signals or factors, most of which are proprietary information.
The search program displays 10 paragraphs or search results per page (screen)
ranked in order by the ranking algorithm. The search program typically produces
results in a fraction of a second and operates automatically in accordance with
algorithms written by human beings.

39

The search program, and in particular the ranking algorithm, operates
differentially between different Google country code domains. Subject to two
exceptions, identical searches carried out at identical times by two different users
in Australia on the Google Australian website return the same results in the same
order. The first exception applies if the user has signed in to the Google system
(entering username and password) and has enabled the feature “Web & App
Activity”. The second exception applies if the user has a specific cookie stored
on the user’s computer and linked to the browser and has not removed that
cookie. If either exception applies, the search program will take into account the
user’s search history, at least over the previous 180 days, in applying the ranking
algorithm.

40

Google has a legal team based in California that is responsible, amongst
other things, for deciding whether a webpage should be added to the removals
list. This process is usually initiated by a request from a member of the public or
a court, law enforcement or other government body, although it is occasionally

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11
initiated by Google itself. If the legal team decides that a webpage should be
added to the removals list, a request is passed to the removals engineering team.
The engineering team adds the URL for the specified webpage to the removals
list for the specified Google country code domain website (eg the Google
Australian website). This results in the URL contained in the removals list being
excluded from possible results otherwise generated by the search program before
display on a search by a user on the specified Google website. This exclusion
operates regardless of the search word or words entered by the user and
regardless of when the webpage in question was last crawled or indexed. Because
the exclusion operates at the level of the URL, it will not apply to a webpage if
its webmaster subsequently changes its URL.
41

Google Web Search has an Autocomplete utility. As a user is entering a
search term into the search box, it generates immediately below the search box
alternative search terms based on past search terms entered by the user or by
others. Google Web Search also has a Related Search utility. As a user is
entering a search term into the search box, it generates at the bottom of the page
alternative search terms based on past search terms entered by the user or by
others.

42

Autocomplete and Related Search terms are both generated automatically in
real time based on algorithms written by human beings. They operate
differentially between different Google country code domains. Subject to one
exception, identical searches carried out at identical times by two different users
in Australia on the Google Australian website return the same Autocomplete or
Related Search results in the same order. The exception applies if the user has
signed in to the Google system and has enabled the feature “Web History”. If the
exception applies, the Google search engine will take into account the user’s
search history in applying the ranking algorithm.
Kasamba31

43

The Kasamba website (www.Kasamba.com) operates as an intermediary
between advisors called Experts and customers called Clients who engage
Experts to provide paid advice. Persons register with Kasamba as Experts in
various categories to provide advice electronically to Clients who pay a
negotiated rate per hour. Advertised rates range from $80 to $1,200 per hour but
ultimately the Expert and Client negotiate a specific rate.

44

The principal medium for seeking and providing advice is a paid online live
chat via the Kasamba website in which the Expert and Client communicate by
live continuous exchange of written messages and the charge is calculated per
minute while the parties are online. A Client initiates an online chat to which the
Expert responds if willing and available. The parties initially communicate
31

This section describes the operation of Kasamba as it was in 2006-2008 but uses the present tense for
ease of reference.

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without charge. The Expert suggests a rate per hour or per minute, the Client
responds with an offered rate per hour or per minute and after any further
negotiation the charged session begins when the Client clicks on “hire”.
45

A second medium for seeking and providing advice is for the Client to ask a
question by sending an internal email to the Expert on the Kasamba website and
for the Expert to respond by internal email. This is not “live” or continuous and
there may be a delay of minutes, hours or days between the Client email and the
response. A charge for the answer to the question is negotiated in the same
manner as for online chats. The charge might encompass follow up email
exchanges which again are not live or continuous.

46

One category of expertise is Religion & Spirituality, which contains a sub
category Psychic Readings. Persons professing expertise in psychic powers are
registered as Experts with Kasamba and known as “psychics”.

47

The Pissed Consumer/Kasamba webpage (kasamba.pissedconsumer.com) is
a webpage that acts as a forum for consumers disaffected with Kasamba.
Ripoff Report

48

The Ripoff Report website (www.ripoffreport.com) enables persons who
register to post a report entitled “Complaint Review” about a supplier of goods or
services. The consumer posting a complaint is called an Author. A supporter or
another consumer who posts a comment is called a Consumer. The supplier or a
supporter of a supplier who posts a responsive comment is called an Employee.
Each report is given a consecutive six or seven digit number and the webpage
containing the report and comments has a unique URL.
Secondary websites

49

The Complaints Board website (www.complaintsboard.com) recorded
complaints made primarily if not exclusively about companies.

50

The 123 People website (www.123 people.com), Wiki Name website
(wiki.name.com) and Is This Your Name website (www.isthisyour.name) each
recorded details about people.

51

Each of these websites ostensibly sourced content in part directly or
indirectly from the Ripoff Report website.
Consultations with psychics

52

In mid 2005, Dr Duffy met Jon while in New York. Upon her return to
Australia, they communicated by email and occasionally by telephone. Dr Duffy
hoped that they would embark on a romantic relationship.

53

In August 2005, Dr Duffy registered with Kasamba as a Client under the
username janice180501.

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13
54

Beginning on 30 August 2005, Dr Duffy participated in paid live online
chats on Kasamba with a psychic using the name Master Z. Master Z told Dr
Duffy that he saw a “true soul mate connection” and a “fated inevitability”
between Jon and herself. In November 2005, Dr Duffy participated in several
online email exchanges with Master Z. He made positive predictions about a
relationship with Jon.

55

Beginning on 14 January 2006, Dr Duffy participated in paid live online
chats on Kasamba with a psychic using the name Soul Connection. Soul
Connection made positive predictions about a relationship with Jon.

56

Beginning on 14 January 2006, Dr Duffy participated in paid live online
chats and online email exchanges on Kasamba with a psychic using the name
Fruno. Fruno made strong positive predictions about a relationship with Jon.

57

In February 2006, Jon sent an email to Dr Duffy saying that he was
planning to come back to Australia to see her in June.

58

In February 2006, Dr Duffy participated in an online email exchange on
Kasamba with Master Z. Master Z said that Jon would return to Australia in
June.

59

In February 2006, Dr Duffy participated in a paid live online chat on
Kasamba with Soul Connection who was now using the name Powerful Visions.
She made positive predictions about a relationship with Jon and his return to
Australia.

60

In February 2006, Dr Duffy participated in paid live online chat sessions on
Kasamba with a psychic practising under the name SunshiningUponYou (“Sun”
for short). Sun made positive predictions about a relationship with Jon.

61

In March 2006, Jon sent an email to Dr Duffy saying that he had met and
fallen in love with a married woman, did not know if he was coming to Australia
in June and was not sure if he wanted to see Dr Duffy. He cut off contact with
Dr Duffy for some months after this email.

62

In March and April 2006, Dr Duffy participated in online email exchanges
on Kasamba with Fruno. She told him of the setback with Jon. He responded
making positive predictions notwithstanding the setback and predicted that Dr
Duffy would still see Jon in June 2006.

63

Between March and July 2006, Dr Duffy participated in paid live online
chats and online email exchanges on Kasamba with Powerful Visions. Dr Duffy
told her about the setback with Jon. She responded making positive predictions
notwithstanding the setbacks.

64

In March 2006, unbeknown at the time to Dr Duffy, Erik of Massachusetts
posted a report on the Ripoff Report website complaining about readings he

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obtained from psychics on the Kasamba website. Between March 2006 and June
2007, at least 18 reports were posted by consumers complaining about psychics
operating on the Kasamba website which attracted extensive comments from
other consumers and from supporters of psychics.
65

In May 2006, Dr Duffy participated in an online email exchange on
Kasamba with Master Z. He made positive predictions about Jon.

66

In July 2006, Jon told Dr Duffy that he had broken up with the married
woman. They had daily contact for two weeks before Jon broke off contact again.

67

In July 2006, Dr Duffy participated in online email exchanges on Kasamba
with Powerful Visions. Dr Duffy said that Powerful Visions’ predictions had
been wrong, expressed disappointment and pain and requested a refund of the
money she had spent. Powerful Visions said she could not give a refund as the
payment was to Kasamba but offered a free reading or spell.

68

In December 2006 and January 2007, Dr Duffy participated in further paid
live online chat sessions on Kasamba with SunshiningUponYou. Sun gave
positive advice to Dr Duffy about Jon and said that May 2007 would be an
amazing month for Jon and Dr Duffy.

69

In January 2007, Jon sent an email to Dr Duffy saying that his girlfriend
had now divorced her husband, he was enjoying life, he could not afford to get
too deep with Dr Duffy and he could not promise he would be back in Australia
soon or ever.
Dr Duffy’s disillusionment

70

On 14 May 2007, Jon sent an email to Dr Duffy saying that he was still
overseas, had women in his life and wished her well in her life. Dr Duffy
received no further contact from him. Dr Duffy suffered major depression and
was away from work from mid May to the end of the June following this final
rebuff.

71

Between 22 May and 4 July 2007, Dr Duffy participated in online email
exchanges on Kasamba with Fruno. She said that his predictions had been wrong,
she was in the middle of a bad breakdown and unable to function and enquired
why he had given her false hope. Fruno responded saying that he could not make
Jon embrace the love that Fruno felt was there.

72

On 31 May 2007, Dr Duffy participated in an online email exchange on
Kasamba with Master Z. She said that his predictions about Jon had been wrong.
Master Z responded saying that he could have been wrong and Dr Duffy should
forget about Jon because he was not healthy for her and expressing compassion.

73

In June 2007, Dr Duffy started writing a report about her experiences with
Kasamba psychics on which she worked intermittently over the next year and

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15
which she contemplated publishing electronically but which was never
completed or published (the Kasamba report).
74

Between 21 June and 4 July 2007, Dr Duffy participated in online email
exchanges on Kasamba with Fruno. She said that she was writing a chapter on
him for an e-book. She attached a partial expert of a chapter from the book she
was writing. That excerpt was not tendered. She said that she was extremely sick,
depressed, unable to function and suicidal and that Fruno was partially
responsible because of the encouragement he had given her in 2006. Fruno
responded in sympathetic terms.

75

On 3 July 2007, Dr Duffy participated in an online email exchange on
Kasamba with Master Z. Dr Duffy sent to him transcripts of her paid chats and
email sessions with him in 2005 and 2006 about the prospects of a relationship
with Jon that had not transpired. Master Z responded saying that the fact that Dr
Duffy had been able to feel what she did for a while had been a blessing and gave
hope for the future after her health improved. Dr Duffy sent a responding email
saying that he had hurt her, taken her money, she was broken and she felt angry
and bitter.

76

In July 2007, LivePerson announced that it had agreed to acquire the
Kasamba website. On 10 July 2007, Dr Duffy sent an email to LivePerson
complaining about some of the psychics operating on the Kasamba site which
LivePerson was acquiring. From time to time thereafter, Dr Duffy communicated
by email with Kasamba Support about some of the psychics operating on the
Kasamba site.

77

On 18 July 2007, Dr Duffy under the username “Janice” posted a report on
the Ripoff Report website about Kasamba. She listed names of psychics
operating on the Kasamba website who she said were completely wrong about
the outcome with someone she had met. The names included Master Z, Fruno
and Powerful Visions. She subsequently posted further reports and comments on
reports by others on the Ripoff Report website.

78

On 29 July 2007, Dr Duffy created a chat group on yahoo.com under the
name “kasambavictims”. Dr Duffy posted the internet address of the chat group
on the Ripoff Report website. Dr Duffy communicated over the internet with
persons who joined this chat group. Dr Duffy gave evidence that she wrote some
of the posts on the Kasamba and Ripoff Reports under usernames other than her
own name by reference to events narrated by or in conjunction with some
members of this group.

79

On 4 and 15 September 2007, Dr Duffy participated in online email
exchanges on Kasamba with SunshiningUponYou. Dr Duffy said that Sun’s
January prediction that May would be an amazing month for Jon and herself
turned out to be wrong when Jon ditched her for good in May and she had a
breakdown. She asked why Sun had made that prediction when the opposite

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turned out. Sun replied saying that Sun’s timeframes were not always right, Jon
would in time realise how stupid he had been and Dr Duffy should focus on
being well right now.
80

Between 26 and 30 September 2007, Dr Duffy participated in further online
email exchanges on Kasamba with SunshiningUponYou. Dr Duffy expressed
pessimism and despair about a relationship with Jon and personal pain, anguish,
foolishness and depression. Dr Duffy expressed a loss of faith and trust in
SunshiningUponYou. Dr Duffy’s last post complained that she had spent
hundreds of dollars on Sun’s readings, accepted that no relationship with Jon
would happen and criticised Sun for making promises Dr Duffy trusted that did
not eventuate.

81

In December 2007, Dr Duffy registered with the Kasamba website the
username “ozzieb” under the name Oswald Billet. On 18 December 2007, Dr
Duffy under the username “ozzieb” posted three online messages on the
Kasamba website to SunshiningUponYou saying that his wife’s friend committed
suicide on 17 December. Ozzieb posted that Sun was responsible for the death
because she told his wife’s friend lies that she would be with someone who was
using her and who had married someone else. Ozzieb said that he would send
Sun’s communications with his wife’s friend to the head of Kasamba and the
national media. Sun did not respond to the posts.

82

On 19 December 2007, Dr Duffy under the name Oswald Billet sent an
email to Kasamba saying that his wife’s friend committed suicide on 17
December and complaining about SunshiningUponYou’s conduct leading up to
the suicide. On 28 December 2007, Dr Duffy under the username “Friend’s
Husband” posted a report on the Ripoff Report website about the suicide of his
wife’s friend and complaining about SunshiningUponYou’s conduct leading up
to the suicide.
The six Ripoff reports

83

On 30 December 2007, “Mary anne” of Riverton, Wyoming posted a report
on the Ripoff Report website (the first ROR report). It was given the URL
www.ripoffreport.com/psychic/janice-duffy-psychic/janice-duffy-psychicstalker-98d93.htm which encompassed comments on the initial report (the first
Ripoff Report webpage). It included the following passages (all pleaded passages
are set out in context in the appendix):
Report #295712
Report: Janice Duffy – Psychic Stalker! Psychics Beware of Australian
Psychic Stalker!
Reported by: (Riverton Wyoming)
Janice Duffy – Psychic Stalker! Psychics Beware of Australian Psychic Stalker!
Janice Duffy Stalked me on the computer for several months. She uses the name

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17
Janice and other phoney names and keeps on sending you her name over and over
again. I know of her because she stalked me on the psychic website Kasamba and
other websites. I am sad to say that she has stalked other psychics as well.
Australia Adalade internet.
…
Psychics must beware of a psychic stalker named Janice Duffy. … She threatens
psychics to abide by her rules or else she will blackmail them by writing rip off reports
about them. … She … harasses psychics over and over again. She will not stop and has
a stalker like mentality. She spreads melicious lies and gossip about people in hopes to
gain sympathy for her life. She cannot even work right now and has been laid off by the
hospital in which she works because she cannot even function on a day to day life. …
She is also someone who spreads lies and says that she is another person from Australia
… She also makes up lies about people dying and committing suicide. … She … stalks
psychics for more information and if she doesn’t get any, she writes fake and phoney
information about them online. … Nobody likes to be stalked and Janice Duffy will not
stop until the psychic community becomes aware of who Janice Duffy is and the fact that
she has a serious stalking problem. …
…She is a PHD and should not be using her power to try to harass and talk psychics. She
works for a hospital and it’s a shame that she knows the rules of the psychic websites and
yet stalks psychics continuously on them. Psychics, please beware of this woman. You
have been warned. If you wish to file a harassment lawsuit against her for stalking, please
write to me and I will give you her real mailing address so that you can call her local
police station and have her stopped for stalking. She harasses continuously. …
Mary anne
Riverton, Wyoming
USA
This report was posted on “Ripoff Report on 12/30/2007 4:00:21 PM and is a permanent record located here:
http://www.ripoffreport.com/psychic/janice-duffy-psychic/janice-duffy-psychic-stalker-98d93.htm.
Ripoff
Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff
Report.

#1

Story sounds similar to my friend’s experience with Janice
Katie – Smalltown (USA)
… Dr Janice Duffy is truly an embarrassment to her profession as a Senior
Researcher in Adelaide, Australia.
…

#3

Dr. Janice Duffy uses her government work email address to email anti Kasamba
psychic clients.
Katie –Smalltown (USA)
…I can’t believe she used her government email for personal purposes and it
proves how stupid she is. This will be reported to her superior for breaking the
law.…

84

On 30 December 2007, “Mary Anne” posted a comment on the Ripoff
Report website in response to Friend’s Husband’s 28 December report. She said

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that “Friend’s Husband” was Janice D from Australia and the report of a suicide
was false.
85

On 31 December 2007, “Mary anne” posted a second report on the Ripoff
Report website (the second ROR report). It was given the URL www.
ripoffreport.com/psychic/dr-janice-duffy/dr-janice-duffy-stop-the-aust-stalkerdeb8p.htm which encompassed comments on the initial report (the second Ripoff
Report webpage). It included the following passages (all pleaded passages are set
out in context in the appendix):
Report: #295925
Report: Dr. Janice Duffy
Reported by: (Riverton Wyoming)
Dr. Janice Duffy Stop the Australian Psychic Stalker Dr. Janice Duffy!! Adelaide,
South Australia Adelaide, South Australia
…
Dr Janice Duffy P.H.D has been stalking psychics for a long time now and she must be
stopped. Her harassing emails have caused many psychics to go into hiding because of
her blackmailing and forcing psychics to respond to her emails. She is from Adelaide,
South Australia and has made numerous rip off reports and has lied about many psychics
online. … If you don’t do what she says, then she is known to use blackmail and says
that she will write rip off reports about you… Dr. Janice Duffy has tried to blackmail
numerous psychics begging them for free updates and email updates and if you don’t
respond to her, she starts creating rip off reports with many lies to try to gain sympathy
from people who will respond to her posts. … she has also written fake and deceptive rip
off reports about psychic websites. …After the first few psychic readings, she tends to
write emails to psychics for updates and when she doesn’t hear back from you fast
enough, she begins to send you hate mail which usually says that she is going to ruin your
name and reputation online as a psychic. …
Mary anne
Riverton Wyoming
U.S.A
This report was posted on Ripoff Report on 12/31/2007 1:54:36 PM and is a permanent record
located here: http://www.ripoffreport.com/psychic/dr-janice-duffy/dr-janice-duffy-stop-the-auststalker-deb8p.htm. Ripoff Report has an exclusive license to this report. It may not be copied
without the written permission of Ripoff Report.
…

#2

Australian Dr. Janice Duffy senior researcher stalks Kasamba psychic advisors and uses
her Dr. title to allow people to believe that she is being ripp
Mary Anne – Riverton (U.S.A.)
Australian Dr. Janice Duffy senior researcher stalks Kasamba psychic advisors and uses
her Dr. title to allow people to believe that she is being ripped off by psychics. She is

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19
responsible for most of the false rip off reports created about Kasamba … Stop stalking
psychics doctor Janice Duffy ...
Dr. Janice Duffy is responsible for the numerous fake rip off reports about psychics …
she wants to stalk psychics until she gets her way. … She is a very sick woman and
wants to stalk and destroy Kasamba and their psychics… She won’t stop until she is
locked up or sued. … She …manipulates and threatens people to give her what she
wants. …
As you can see, she is very equipped to stalk psychics and does this on a regular basis. …
She makes up lies and spends her free time stalking … her obsession cannot end.
Stalking is a mental illness and unless she gets treatment, she cannot stop herself. …
… She is using blackmail and is currently writing and telling others what she is going to
be doing. Your name may or may not be on her list. … Dr. Janice Duffy … will make it
her priority to stalk you. Stalking is a serious illness and she cannot stop until she is
medicated or put in jail. … She … stalks daily. … She has been stalking for a long time
now … Please also note that many people in her anti psychic groups feel that she has
email hacking software or knows and uses hackers. It is rumoured in some of her anti
psychic groups that she tries to get your personal email address and then tries to hack into
it. … What is even more bizarre is that Dr. Janice Duffy has used her government email
address to email anti Kasamba clients. This can be tracked by the governments
webmaster. We will be forwarding this report to her superiors as a way to gain court
evidence that she did indeed write and receive emails from her anti psychic kasamba
group members with her government email address; therefore breaking government rules.
You cannot use a company’s email address for personal purposes. …
…
86

Dr Duffy became aware of the existence of an adverse report on the Ripoff
Report website upon being told about it by a member of the Kasamba Victims
group. She looked at the Ripoff Report website and found a report by Mary anne
about her. She undertook an internet search using Yahoo! but did not find a link
to Mary anne’s report.

87

On 23 March 2008, Dr Duffy created an account on Kasamba in the name
of “bad boy” and paid for an online chat session with Master Z. She posed as a
29-year-old man looking for love and received positive predictions which she
regarded as scripted. The next day she participated in an email exchange on
Kasamba with Master Z in which she accused Master Z of using scripted
readings, which he denied.

88

89

On 24 March 2008, Dr Duffy under the username “Aussieboy” posted a
report on the Ripoff Report website complaining about Master Z and describing
the previous night’s online chat session with Master Z. On 26 March 2008,
Dr Duffy under the username “Gretal” posted a further report on the Ripoff
Report website complaining about Master Z.
Between 31 July and 8 August 2008, Dr Duffy under the username “Janice”
posted three reports on the Ripoff Report concerning her experiences with
psychics including Fruno, Master Z and Powerful Visions.

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90

On 15 August 2008, “Dr Jake” of Los Angeles, California posted a report
on the Ripoff Report website (the third ROR report). It was given the URL www.
ripoffreport.com/psychic/dr-janice-duffy/dr-janice-duffy-senior-researc9534.htm which encompassed comments on the initial report (the third Ripoff
Report webpage). It included the following passages (all pleaded passages are set
out in context in the appendix):
Report: #363490
Report: Dr. Janice Duffy
Reported by: (Los Angeles California)
Dr. Janice Duffy Senior Researcher Dr. Janice Duffy Psychic Stalker from the
Respiratory Function Unit, Repatriation General Hospital, Adelaide, South
Australia
…

Wow, I cannot believe that Janice Duffy is still at it. I had no idea that Janice would still
be at this stalking game after all this time. She has stalked me several times on Kasamba.
I can’t believe a 52 year old woman would sit around like this writing fake ripoff reports.
…
…She has “ties” to a friend that works in the Australian FBI who helps her to hack
emails. She hacked into my account several times on Kasamba and my own personal
email account. She seems to work with friends in the Australian government that help
her to hack into psychic accounts. … She even hacks psychic readers from her work
place. If she knows your real name, I would get a fraud alert put on your credit report
because she knows how to hack. … She has a crazy obsession with psychics and simply
won’t stop harassing them. …
Dr. jake
Los angeles, California
U.S.A.
This report was posted on Ripoff Report on 8/15/2008 10:36:21 PM and is a permanent record
located here: http://www.ripoffreport.com/psychic/dr-janice-duffy/dr-janice-duffy-senior-researc9534.htm.
Ripoff Report has an exclusive license to this report. It may not be copied without the written
permission of Ripoff Report.
91

On 17 August 2008, “Susan” of Southampton, New York posted a report on
the Ripoff Report website (the fourth ROR report). It was given the URL www.
ripoffreport.com/psychic/dr-janice-m-duffy-se/dr-janice-m-duffy-dr-janice8f472.htm which encompassed comments on the initial report (the fourth Ripoff
Report webpage). It included the following passages (all pleaded passages are set
out in context in the appendix):
Report: #363738
Report: Dr. Janice M. Duffy Senior Researcher

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21
Reported by: (Southampton New York)
Dr. Janice M. Duffy Dr. Janice M. Duffy Senior Researcher Dr. Janice M. Duffy
Adelaide, Australia continues to stalk Live person Kasamba Psychics Adelaide, Australia
Internet
…
Janice Duffy is coming to New York City … to purposely stalk Liveperson. … She sends
you multiple emails and goes to your personal websites and stalks and stalks and stalks
and stalks and stalks and stalks and stalks. It doesn’t and will never end. … The best that
she can do with her life is lie, cheat, make false accusations and stalk psychics. … Dr.
Janice M. Duffy from Adelaide Australia is the stalker behind most of the anti-psychic
reports here on rip off report. … She is harassing, stalking and posting lies about
psychics daily. … She is one of these internet wackos that love to sit behind a computer
and stalk and stalk and stalk. … She stalks, taunts and harasses you over and over and
over and over and over again…
Susan
Southhampton, New York
U.S.A.
This report was posted on Ripoff Report on 8/17/2008 12:09:41 AM and is a permanent record
located here: http://www.ripoffreport.com/psychic/dr-janice-m-duffy-se/dr-janice-m-duffydrjanice-81472.htm
Ripoff Report has an exclusive license to this report. It may not be copied without the written
permission of Ripoff Report.
92

93

On 20 December 2008, “Fiona” of Houston, Texas posted a report
Ripoff Report website (the fifth ROR report). It was given the URL
ripoffreport.com/astologers-psychics/janice-duffy-kasamba/janice-duffykasamba-liveperson-dc63c.htm which encompassed comments on the
report (the fifth Ripoff Report webpage). Its relevant passages are set
context in the appendix.

on the
www.
initial
out in

On 28 January 2009, “Mia” of LA, Alabama posted a report on the Ripoff
Report website (the sixth ROR report). It was given the URL
www.ripoffreport.com/psychic/-fortune-tellers/janice-duffy-her-gro/janice-duffyher-group-and-kas-afzaf.htm which encompassed comments on the initial report
(the sixth Ripoff Report webpage). Its relevant passages are set out in context in
the appendix.
Search engine searches

94

95

On 5 January 2009, Dr Duffy lodged a claim for workers compensation
with her employer the Department of Health. Jed Shearer became her case
manager.
On 8 January 2009, Mr Shearer conducted a web search of Dr Duffy’s
name using whichever search engine was used by the Department of Health. He
saw links to the Ripoff Report website. He looked on that website and saw

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adverse reports about Dr Duffy. He engaged Kingswood Investigations to
interview her concerning her workers compensation claim.
96

On 6 February 2009, Kingswood Investigations interviewed Dr Duffy. The
investigator asked a number of questions about her interest in psychics. This
prompted her to search for her name using the Yahoo! search engine in March or
April 2009. She saw references to adverse reports on the Ripoff Report website.

97

In mid 2009, Dr Duffy learnt of the existence of the Complaints Board
website. This website contained four webpages the subject of this action:

98

1.

www.complaintsboard.com/suspicious-companies/dr-janice-m-duffysenior-researcher-a55917.html (the first Complaints Board webpage);

2.

www.complaintsboard.com/suspicious-companies/dr-janice-duffya55921.html (the second Complaints Board webpage);

3.

www.complaintsboard.com/suspicious-companies/janice-duffypsychic-stalker-psychics-beware-of-the-australian-psychic-stalkera55920.html (the third Complaints Board webpage);

4.

www.complaintsboard.com/suspicious-companies/page/8 (the fourth
CB webpage).32

Based on printouts of webpages downloaded by Dr Duffy on 8 September
2009, the first Complaints Board webpage was as follows:
http://www.complaintsboard.com/suspicious-companies/dr-janice-m-duffy-seniorresearcher-a55917.html
COMPLAINTS BOARD
Dr Janice M Duffy Senior Researcher

╬ Submit complaint

Dr Janice M Duffy Senior Researcher
In case if you have experienced any problems with Dr Janice M Duffy Senior
Researcher, please report immediately by filling a Complaint Form.

and the second Complaints Board webpage was as follows:
www.complaintsboard.com/suspicious-companies/dr-janice-duffy-a55921.html
COMPLAINTS BOARD the
Dr Janice Duffy
Dr Janice Duffy

32

These webpages are items C1 to C4 respectively at [11]-[13] above.

╬ Submit complaint

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23
In case if you have experienced any problems with Dr Janice Duffy, please report
immediately by filling a Complaint Form.
99

Dr Duffy also learnt of the existence of the 123 People website. This
website contained two webpages the subject of this action:
 www.123people.com/s/janice+duffy (the first 123 People webpage);
 www.123people.com/s/janice+person
webpage).33

(the

second

123

People

Communications with Google
100

On 7 September 2009, Dr Duffy sent an email to Google Reception in
Sydney (reception-au@google.com) saying that defamatory statements about her
had been published on the Ripoff Report website and requesting that links be
removed. She received a reply requesting adequate detail for Google to follow up
on her request.

101

On 8 September 2009, Dr Duffy conducted a search on the Google
Australian website for “Dr Janice Duffy”. The search returned the following
paragraphs containing snippets and links to the first three Ripoff Report
webpages, the first and second Complaints Board webpages and the first 123
People webpage:
[1]

Rip-off Report By Consumers For Consumers Dr Janice Duffy Stop…
Dr Janice Duffy Stop the Australian Psychic Stalker Dr Janice M Duffy Adelaide
Australia
www.ripoffreport.com/…/Dr-Janice-Duffy/dr-janice-duffy-stop-the-austdeb8p.htm Cached

[2]

Ripoff Report By Consumers For Consumers Dr Janice Duffy Psychic
Sugarpie (1/1/2008] Dr Janice M Duffy uses her government work email address
to email anti-Kasamba psychics clients Katie [1/2/2008)…
www.ripoffreport.com/...Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
...

[4]

Dr Janice M Duffy Senior Researcher
Are you also a victim of the Dr Janice M Duffy Senior Researcher? Submit a
complaint to help other consumers to be educated and don’t let them get away…
www.complaintsboard.com/…/dr-janice-m-duffy-senior-researcher-a55917.html
United States Cached

[5]

Dr Janice Duffy
Are you also a victim of the Dr Janice Duffy? Submit a complaint to help other
consumers to be educated and don’t let them get away…
www.complaintsboard.com/suspicious…/dr-janice-duffy-a55921.html Cached
╬ Show more results from www.complaintsboard.com

33

These webpages are hyperlinked by the paragraphs P1 and P2 respectively at [11] above.

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[6]

Janice Duffy – Email Address, Phone Number, Everything! 123 people.com
Dr Janice Duffy Stop the Australian Psychic Stalker Dr Janice Duffy!…Dr Janice
Duffy uses her government work email address to email anti-Kasamba …
www.123people.com/s/janice+duffy - United States Cached Similar
…

[12] Rip-off Report Dr Janice Duffy Senior Researcher Dr Janice…
15 Aug 2008…Dr Janice Duffy senior researcher Dr Janice Duffy Psychic Stalker
from the Respiratory Function Unit Repatriation General Hospital…
www.ripoffreport.com/reports/0/RipOff363490.htm Cached Similar
102

On 8 September 2009, Dr Duffy sent an email to Google Reception
attaching a document entitled “Publication of Defamatory Reports on the Internet
and their Listing on Google”. Dr Duffy complained that each of the six Ripoff
Reports and the first and second Complaints Board webpages were defamatory of
her and requested that Google remove every URL that linked to and derived from
those publications. She reproduced her search results undertaken on 8 September
2009, the relevant portions of which are reproduced above. She set out the full
URL and reproduced by cutting and pasting the initial report for each of the six
Ripoff Report webpages and the first and second Complaints Board webpages.

103

On 10 September 2009, Google Reception sent an email to Dr Duffy
acknowledging receipt of her 8 September email saying that her request had been
forwarded to Google’s removals team in the US for review. Dr Duffy replied
requesting contact details for Google’s removals team. She received a reply
providing the email address. She sent an email to Google’s removals team
requesting urgent attention to her removal request lodged through Google
Australia.

104

On 12 September 2009, Dr Duffy sent an email to Google Australia asking
for details of Google’s legal team. These details were sent to her and she emailed
Google’s legal team on 12 September 2009.

105

106

On 15, 18 and 19 September 2009, Google’s removals team sent standard
form emails to Dr Duffy requesting information in a specified format identifying
amongst other things the URL, text claimed to violate her rights and reason
therefor for each allegedly illegal search result.34
On 18 September 2009, Google’s removals team sent a standard form email
in response to Dr Duffy’s 12 September 2009 email asking for details of
Google’s legal team. Google’s email acknowledged receipt of Dr Duffy’s note
and recognised her concern but said there was nothing Google could do to
remove the offending content without the cooperation of the site’s webmaster.

34

I infer that these three separate emails were generated as a result of three separate emails from Dr
Duffy.

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25
107

108

109

110

On 22 and 23 September 2009, Dr Duffy sent by email and facsimile
respectively to Google’s removals team a formal request for removal of links to
defamatory material in the format requested by Google. She said that she had
received legal advice that her previous removal request was sufficient but she
resubmitted the request in the form requested by Google despite the fact that it
was not required by law. She quoted passages from the text and provided URLs
for additional webpages beyond those provided on 8 September35 as follows:
R9

217.17.158.39/reports/0/295/RipOff0295712.htm

C3

www.complaintsboard.com/…/janice-duffy-psychic-stalker-psychic-beware-ofAustralian-psychic-stalker-a55920.html

C4

www.complaintsboard.com/suspicious-companies/page/8

P1

www.123people.com/s/janice+duffy

M2

www.isthisyour.name/janice_duffy.htm

On 28 September 2009, Dr Duffy sent an email to Google’s removals team
requesting acknowledgement of her resubmitted request. Further emails were
send on 29 September and 3 October.
On 7 October 2009, Google’s removals team sent a standard form email to
Dr Duffy in response to her 28 September 2009 email acknowledging receipt of
her note and recognising her concern but saying there was nothing Google could
do to remove the offending content without the cooperation of the site’s
webmaster.
On 13 January 2010, Dr Duffy undertook searches on the Google
Australian website. The searches returned (amongst others) snippets from and
links to the first and second Ripoff Report webpages, second Complaints Board
webpage and the two 123 People webpages. The first two pages36 of the search
for “Dr Janice Duffy” returned the following relevant paragraphs:

35

36

[1]

Rip-off Report Dr Janice M Duffy Stop the Australian Psychic …
Dr Janice Duffy Stop the Australian Psychic Stalker Dr. Janice M Duffy Adelaide
South Australia Adelaide South Australia
www.ripoffreport.com/…/Dr-Janice-Duffy/dr-janice-duffy-stop-the-austdeb8p.htm Cached

[2]

Ripoff Report Janice Duffy – Psychic Stalker Psychics Beware Of…
Dr Janice Duffy is truly an embarrassment to her profession as a Senior Researcher
in Adelaide Australia #2 Consumer Comment. Respond to this report…

Dr Duffy also quoted passages from the text and provided URLs for several items addressed on 8
September 2009.
Dr Duffy also sues for paragraphs on pages beyond the first two pages (in the case of this search the
fourth page). I do not reproduce paragraphs for any searches beyond the first two pages because
ultimately I find that Dr Duffy has not proved publication to any publishee of paragraphs on pages
beyond the first two pages see.

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www.ripoffreport.com/.../Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached
╬ Show more results from www.ripoffreport.com
...
[4]

Dr Janice Duffy
Are you also a victim of the Dr Janice Duffy? Submit a complaint to help other
consumers to be educated and don’t let them get away with it!
www.complaintsboard.com/suspicious…/dr-Janice- duffy-a55921.html Cached
…

[6]

Janice Duffy – Email, Address, Phone Number, everything! 123 people.com
Dr Janice Duffy Stop the Australian Psychic Stalker Dr Janice Duffy!…Dr Janice
Duffy uses her government work email address to email anti-Kasamba …
www.123people.com/s/janice+duffy - United States Cached Similar
…

[14] Janice Person – Email Address, Phone Numbers, everything …
Dr Janice Duffy Stop the Australian Psychic Stalker Dr Janice Duffy!… american
man was placed there as a means of identifying this Janice person!…
www.123people.com/s/janice+person - United States
111

The first two pages of the search for “Janice Duffy” returned the following
relevant paragraphs:
[1]

Ripoff Report: Janice Duffy – Psychic Stalker! Psychics Beware Of…
Psychics must beware of a psychic stalker named Janice Duffy. She is a woman
that comes from Australia and writes phoney rip off reports on psychics …
www.ripoffreport.com/.../Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached

[2]

Rip-off Report: Dr Janice Duffy Stop the Australian Psychic …
Dr Janice Duffy Stop the Australian Psychic Stalker Dr. Janice Duffy!! Adelaide,
South Australia Adelaide, South Australia
www.ripoffreport.com/…Janice-Duffy/dr-janice-duffy-stop-the-aust-deb8p.htm
Cached
...

[5]

Dr Janice Duffy
Are you also a victim of the Dr Janice Duffy? Submit a complaint to help other
consumers to be educated and don’t let them get away with it.
www.complaintsboard.com/suspicious…/dr-Janice- Duffy-a55921.html Cached
…

[19] Dr Janice Duffy - Psychic Stalker! Psychics Beware Of Australian…
Are you also a victim of the Janice Duffy - Psychic Stalker! Psychics Beware Of
Australian Psychic Stalker!? Submit a complaint to help other consumers to….

 [2015] SASC 170

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27
www.complaintsboard.com/…/janice-duffy-psychic-stalker-psychic-beware-ofaustralian-psychic-stalker-a55920.html Cached
112

113

On 12 July 2010, Dr Duffy sent a concerns notice pursuant to section 14(2)
of the Act to Google’s legal department in the United States. This was largely
repetitious of the September 2009 notifications. She quoted passages from the
text and provided URLs for additional webpages beyond those provided in
September 2009 as follows:
R7

www.ripoffreport.com/…/liveperson-kasamba-unethical-c-wa8da.htm

C3

www.complaintsboard.com/…/janice-duffy-psychic-stalker-psychic-beware-ofAustralian-psychic-stalker-a55920.html

P2

www.123people.com/s/janice+person

M3

Kasamba.pissedconsumer.com/stop-kasamba-liveperson…/1.html

On 13 October 2010, Dr Duffy undertook searches on the Google
Australian website. The searches returned (amongst others) snippets from and
links to the first to fourth ROR reports and the Complaints Board and 123 People
websites. The first two pages of the search for “Dr Janice Duffy” returned the
following relevant paragraphs:
[1]

Dr Janice Duffy Rip-off Report #295925…
Dr Janice Duffy Stop the Australian Psychic Stalker Dr. Janice Duffy!! Adelaide
South Australia Adelaide South Australia
www.ripoffreport.com/…/Dr-Janice-Duffy/dr-janice-duffy-stop-the-austdeb8p.htm United States Cached

[2]

Janice Duffy – Psychic Stalker! Psychics Beware Of Australian…
Dr Janice Duffy is truly an embarrassment to her profession as a Senior …
www.ripoffreport.com/.../Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached
...

[4]

Dr Janice M Duffy Senior Researcher
Are you also a victim of the Dr Janice M Duffy Senior Researcher? Submit a
complaint to help other consumers to be educated and don’t let them get away…
www.complaintsboard.com/…/dr-janice-m-duffy-senior-researcher-a55917.html
United States Cached

[5]

Dr Janice Duffy
Are you also a victim of the Dr Janice Duffy? Submit a complaint to help…
www.complaintsboard.com/…/dr-janice-duffy-a55921.html United States Cached

[6]

Janice Duffy – Email, Address, Phone numbers, everything …
4 Dec 1998... Dr Janice Duffy Stop the Australian Psychic Stalker Dr Janice
Duffy!! Adelaide, South Australia Adelaide, South Australia…
www.123people.com/s/janice+duffy - United States

[7]

All about ‘Janice Duffy’

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Dr Janice Duffy Review Rip-off Report #295925. Dr Janice Duffy Stop the
Australian Psychic Stalker Dr Janice Duffy!! Adelaide, South Australia Adelaide…
www.is this your name/janice_duffy Cached
…
[18] Dr. Janice Duffy Review Rip-off Report #363490
15 Aug 2008…Dr Janice Duffy senior researcher Dr Janice Duffy Psychic Stalker
from the Respiratory Function Unit Repatriation General Hospital…
www.ripoffreport.com/…/Dr-Janice–Duffy/dr-janice-duffy-senior-researcherc9534.html United States Cached
114

The first two pages of the search for “Janice Duffy” returned the following
relevant paragraphs:
[1]

Janice Duffy – Psychic Stalker! Psychics Beware Of Australian…
30 Dec 2007 Janice Duffy Psychic Stalker! Psychics beware of Australian psychic
stalker! Janice Duffy stalked me on the computer for several months
www.ripoffreport.com/.../Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached

[12] Dr Janice Duffy Rip-off Report #295925
Dr Janice Duffy Stop the Australian Psychic Stalker Dr. Janice Duffy!! Adelaide,
South Australia Adelaide, South Australia
www.ripoffreport.com/…Janice-Duffy/dr-janice-duffy-stop-the-aust-deb8p.htm
Cached
...
[15] Dr Janice Duffy
Are you also a victim of the Dr Janice Duffy? Submit a complaint to help other
consumers to be educated and don’t let them get away with it!
www.complaintsboard.com/…/dr-janice-duffy-a55921.html United States Cached
115

On 16 October 2010, Dr Duffy undertook further searches on the Google
Australian website. The first two pages of the search for “Dr Janice Duffy”
returned the following relevant paragraphs:
[1]

Dr Janice Duffy Rip-off Report #295925
Dr Janice Duffy Stop the Australian Psychic Stalker Dr. Janice Duffy!! Adelaide
South Australia Adelaide South Australia
www.ripoffreport.com/…/Dr-Janice-Duffy/dr-janice-duffy-stop-the-austdeb8p.htm United States Cached

[2]

Janice Duffy – Psychic Stalker! Psychics Beware Of Australian…
Dr Janice Duffy is truly an embarrassment to her profession as a Senior …
www.ripoffreport.com/.../Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached
╬ Show more results from www.ripoffreport.com
...

[4]

Janice Duffy – Email Address, Phone numbers, everything …

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29
Dr Janice Duffy Stop the Australian Psychic Stalker Dr Janice Duffy!! Adelaide,
South Australia Adelaide, South Australia…
www.123people.com/s/janice+duffy - United States
[5]

Dr Janice M Duffy Senior Researcher
Are you also a victim of the Dr Janice M Duffy Senior Researcher? Submit a
complaint to help other consumers to be educated and don’t let them get away…
www.complaintsboard.com/…/dr-janice-m-duffy-senior-researcher-a55917.html
Cached

[6]

Dr Janice Duffy
Are you also a victim of the Dr Janice Duffy? Submit a complaint to help …
www.complaintsboard.com/…/dr-janice-duffy-a55921.html Cached
╬ Show more results from www.complaintsboard.com
…

[17] Dr Janice Duffy Review Rip-off Report #363490
15 Aug 2008…Dr Janice Duffy senior researcher Dr Janice Duffy Psychic Stalker
from the Respiratory Function Unit Repatriation General Hospital…
www.ripoffreport.com/…/Dr-Janice–Duffy/dr-janice-duffy-senior-researcherc9534.html United States Cached
116

The first two pages of the search for “Janice Duffy” returned the following
relevant paragraphs:
[1]

Janice Duffy – Psychic Stalker! Psychics Beware Of Australian…
30 Dec 2007 Janice Duffy Psychic Stalker! Psychics beware of Australian psychic
stalker! Janice Duffy stalked me on the computer for several months…
www.ripoffreport.com/.../Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached
...

[11] Dr Janice Duffy Rip-off Report #295925
Dr Janice Duffy Stop the Australian Psychic Stalker Dr. Janice Duffy!! Adelaide
South Australia Adelaide South Australia
www.ripoffreport.com/…/Dr-Janice-Duffy/dr-janice-duffy-stop-the-austdeb8p.htm United States Cached
…
[15] Dr Janice Duffy
Are you also a victim of the Dr Janice Duffy Senior Researcher? Submit a
complaint to help other consumers to be educated and don’t let them get away with
it!…
www.complaintsboard.com/…/dr-janice-m-duffy-senior-researcher-a55917.html
United States Cached
117

On 24 October 2010, Dr Duffy undertook further searches on the Google
Australian website. The first two pages of the search for “Dr Janice Duffy”
returned the following relevant paragraphs:

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[1]

Dr Janice Duffy Rip-off Report #295925
Dr Janice Duffy Stop the Australian Psychic Stalker Dr. Janice Duffy!! Adelaide
South Australia Adelaide South Australia
www.ripoffreport.com/…/Dr-Janice-Duffy/dr-janice-duffy-stop-the-austdeb8p.htm United States Cached

[2]

Dr Janice Duffy Review Rip-off Report #363490
Dr Janice Duffy Senior Researcher Dr Janice Duffy Psychic Stalker from the …
www.ripoffreport.com/…/Dr-Janice–Duffy/dr-janice-duffy-senior-researcherc9534.html United States Cached

[3]

Janice Duffy – Psychic Stalker! Psychics Beware Of Australian…
Dr Janice Duffy is truly an embarrassment to her profession as a Senior …
www.ripoffreport.com/.../Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached
╬ Show more results from www.ripoffreport.com
...

[6]

Dr Janice M Duffy Senior Researcher
Are you also a victim of the Dr Janice M Duffy Senior Researcher? Submit a
complaint to help other consumers to be educated and don’t let them get away…
www.complaintsboard.com/…/dr-janice-m-duffy-senior-researcher-a55917.html
Cached

[14] Janice Duffy – Email Address, Phone Numbers, everything …
Dr Janice Duffy Stop the Australian Psychic Stalker Dr Janice Duffy!! Adelaide,
South Australia Adelaide, South Australia…
www.123people.com/s/janice+person - United States
118

The first two pages of the search for “Janice Duffy” returned the following
relevant paragraphs:
[1]

Janice Duffy – Psychic Stalker! Psychics Beware Of Australian…
30 Dec 2007 Janice Duffy Psychic Stalker! Psychics beware of Australian psychic
stalker! Janice Duffy stalked me on the computer for several months…
www.ripoffreport.com/.../Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached

[2]

Dr Janice Duffy Rip-off Report #295925
Dr Janice Duffy Stop the Australian Psychic Stalker Dr. Janice Duffy …
www.ripoffreport.com/…/Dr-Janice-Duffy/dr-janice-duffy-stop-the-austdeb8p.htm United States Cached
╬ Show more results from www.ripoffreport.com
…

[18] Dr Janice M Duffy Senior Researcher
Are you also a victim of the Dr Janice M Duffy Senior Researcher? Submit a
complaint to help other consumers to be educated and don’t let them get away…
www.complaintsboard.com/…/dr-janice-m-duffy-senior-researcher-a55917.html
Cached

 [2015] SASC 170

Blue J

31
119

On 10 November 2010, Dr Duffy undertook a further search on the Google
Australian website for “Dr Janice Duffy”. The first two pages of the search
returned the following relevant paragraphs:
[1]

Dr Janice Duffy Rip-off Report #295925
Dr Janice Duffy Stop the Australian Psychic Stalker Dr. Janice Duffy!! Adelaide
South Australia Adelaide South Australia
www.ripoffreport.com/…/Dr-Janice-Duffy/dr-janice-duffy-stop-the-austdeb8p.htm United States Cached

[2]

Dr Janice Duffy Review Rip-off Report #363490
Dr Janice Duffy Senior Researcher Dr Janice Duffy Psychic Stalker from the …
www.ripoffreport.com/…/Dr-Janice-Duffy/dr-janice-duffy-senior-researcherc9534.html United States Cached

[3]

Janice Duffy – Psychic Stalker! Psychics Beware Of Australian…
Dr Janice Duffy uses her government work email address to email anti...
www.ripoffreport.com/.../Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached
...

[6]

120

Dr Janice M Duffy Senior Researcher
Are you also a victim of the Dr Janice M Duffy Senior Researcher? Submit a
complaint to help other consumers to be educated and don’t let them get away…
www.complaintsboard.com/…/dr-janice-m-duffy-senior-researcher-a55917.html
Cached

On 17 December 2010, Dr Duffy undertook a further search on the Google
Australian website for “Dr Janice Duffy”. The first two pages of the search
returned the following relevant paragraphs:
[1]

Dr Janice Duffy Rip-off Report #295925
Dr Janice Duffy Stop the Australian Psychic Stalker Dr. Janice Duffy!! Adelaide
South Australia Adelaide South Australia
www.ripoffreport.com/…/Dr-Janice-Duffy/dr-janice-duffy-stop-the-austdeb8p.htm United States Cached

[2]

Dr Janice Duffy Review Rip-off Report #363490
Dr Janice Duffy Senior Researcher Dr Janice Duffy Psychic Stalker from the …
www.ripoffreport.com/…/Dr-Janice–Duffy/dr-janice-duffy-senior-researcherc9534.html United States Cached
╬ Show more results from www.ripoffreport.com
...

[8]

Dr Janice M Duffy Senior Researcher
Are you also a victim of the Dr Janice M Duffy Senior Researcher? Submit a
complaint to help other consumers to be educated and don’t let them get away…
www.complaintsboard.com/…/dr-janice-m-duffy-senior-researcher-a55917.html
Cached

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121

On 16 February 2011, Dr Duffy instituted this action in the District Court
against Google Inc.

122

On 7 March 2011, Google removed from the Google Australian website
(but not the Google generic website) paragraphs relating to the first four Ripoff
Report webpages.

123

On 31 May 2011, Google removed from the Google Australian website (but
not the Google generic website) paragraphs relating to the fifth Ripoff Report
webpage.

124

125

In June 2011, Dr Duffy undertook a search for “janice duffy” on the Google
Australian website and Google generic website. She noted that the Autocomplete
utility produced alternative phrases in a box immediately below the search box,
one of which was “janice duffy psychic stalker”. Printouts of searches
undertaken on 7 July 2011 and various other dates showing this Autocomplete
term were tendered.
On 15 July 2011, Dr Duffy’s solicitors wrote to Google’s solicitors
enclosing a printout showing the result of an 18 June 2011 search on the Google
generic website showing the Autocomplete alternative “janice duffy psychic
stalker” and requested removal from publication of the defamatory phrase “janice
duffy psychic stalker”.

126

On or just before 9 October 2011, Dr Duffy created a blog website
www.drjaniceduffy.com that referred amongst other things to internet defamation
of her.

127

On 2 November 2011, Google removed from the Google Australian website
(but not the Google generic website) paragraphs relating to the sixth Ripoff
Report webpage.

128

On 21 November 2011, an article by Verity Edwards appeared in The
Australian newspaper about this action by Dr Duffy against Google.

129

On 2 April 2012, an article by Rachel Wells appeared in The Age and
Sydney Morning Herald newspapers about this action by Dr Duffy against
Google.

130

131

On 11 January 2013, Dr Duffy undertook a search for “Janice Duffy” on the
Google Australian website. It produced six search terms related to janice duffy at
the bottom of the first page. The first related search term was “janice duffy
psychic stalker”.
In May 2013, references to the ROR reports on the Google generic website
by their URLs were removed. Subsequently references to the same webpages but
with different URLs reappeared on the Google generic website.

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33
The trial
The plaintiff’s witnesses
132

Dr Duffy was cross-examined at length on topics relevant to Google’s
justification defence. Google contends that there were instances in which her
evidence on some of those topics was unreliable or untruthful. Ultimately, my
findings and conclusions do not turn on the credit of Dr Duffy’s evidence.

133

A number of medical reports were tendered that show that over the years
Dr Duffy has been diagnosed as suffering from Major Depressive Disorder,
Dysthymic Disorder, Anxiety and Bipolar Disorder. It was evident that she was
experiencing symptoms of some of these conditions while giving evidence. She
also has obvious character traits that bore on her manner of giving evidence. In
addition, she was suffering from some of these conditions at the time of some of
the events about which she gave evidence which were likely to have affected the
accuracy and reliability of her perception and recollection of those events.

134

Dr Duffy was not an exemplary witness. She was at times argumentative or
evasive and was often highly emotional.

135

Notwithstanding the above infirmities, I generally accept Dr Duffy’s
evidence insofar as it is relevant to all issues other than justification. Her
evidence was not challenged insofar as it relates to such issues. She generally
gave a coherent and plausible account of chronological events other than those
relevant to justification.

136

In relation to events relevant to justification, with one exception I consider
that Dr Duffy gave evidence to the best of her recollection. I do not accept that
she gave full and frank evidence in relation to her communications under the
usernames “Oswald Billet” and its contractions and “Friend’s Husband” with and
about SunshiningUponYou. In relation to other events relevant to justification, in
broad terms I accept her evidence although in a number of instances that
evidence was vague as to detail for the reasons summarised above.

137

Ms Palumbo was a straightforward and impressive witness. I accept her as
an honest and reliable witness.

138

Mr Trkulja was passionate in his distrust of and dislike for Google. I accept
his evidence that he did not give false evidence to assist Dr Duffy’s case or to
harm Google’s case. There was an important conflict between Mr Trkulja’s
written evidence in chief and oral cross examination. In the former, he said that
he first heard of Dr Duffy when his attention was drawn to an article in The
Australian in November 2011, he then searched for her name on Google’s
Australian website and saw and followed links to the Ripoff Report website, but
was unable to get in contact with her at that time. In cross-examination, he said
that he did not hear of Dr Duffy until April 2012 and only saw the article in The
Australian in November 2012. His evidence in cross-examination in this respect

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34
did not assist Dr Duffy’s case in any way. Nor is there any reason to believe that
he thought that it would. His evidence in cross-examination was unsatisfactory in
this respect and I do not accept it as reliable. Nevertheless, I accept the balance of
his evidence as honest and reliable.
139

Dr Duffy also called as witnesses Catherine Miller, one of her former
ultimate bosses at the Department of Health; Belinda Loh, Jed Shearer and Grant
Simpson, who handled her WorkCover claim on behalf of the Department of
Health; Jonathan Miller, her barrister in relation to that WorkCover claim; and
Dolores Costello from the Public Service Association, who assisted her in
relation to a workplace bullying claim. There was no challenge to the evidence of
any of these witnesses and I accept them all as honest and reliable witnesses.
The defendant’s witnesses

140

Google called as a witness Vaughn Beckett Madden-Woods, who is
employed by Google. He worked on snippet-generating software from 2007 to
2011 and since 2012 has worked on search software. Since mid-2010 he has also
worked on the engineering team that processes legal removals requests.

141

Mr Madden-Woods gave evidence about the web and the operation of the
Google Search Engine. He has no involvement in the receipt by Google of
external requests for removal of webpages from Google search results or
decision-making by Google in relation thereto, which is performed by Google’s
legal team. However, he gave evidence about the process from receipt of a
removal request from the legal team through to implementation of the removal.

142

Google also called as a witness Michael Herscovici, who is employed by
Google Israel Ltd. He has worked since 2008 as technical legal manager for
Google’s Autocomplete utility.

143

Mr Herscovici gave evidence about the operation of the Autocomplete
utility. He gave evidence about the process from receipt of a removal request for
Autocomplete words from the legal team (who made the relevant decision)
through to implementation of the removal.

144

There was no challenge to the evidence of either of these witnesses and I
accept them both as honest and reliable witnesses.
The trial on liability

145

Near the beginning of the trial, with the consent of the parties I directed that
the trial was to proceed on liability only, leaving damages and associated issues
to be addressed at a subsequent trial if Dr Duffy succeeds on liability.

146

The issues that I directed were to be addressed at a subsequent trial were the
defences of triviality37 and time limitation38, Dr Duffy’s application for an
37

Defamation Act 2005 (SA) s 31.

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35
extension of time to institute the action,39 and issues of causation and quantum of
loss.
The application to amend the defence
147

At the end of the trial, Google applied for permission to amend its defence
of justification. At that point, its justification plea was confined to the stalking,
harassment, government email misuse, injury infliction and reputation tarnishing
imputations. Google sought to expand the plea to justify additional imputations
including that Dr Duffy uses phoney names for deception; disseminates lies;
made unfair, inaccurate and damaging reports about psychics; behaved in a
manner requiring complaints against her to protect consumers; and is someone to
be wary of. Google also sought to add additional particulars to support the
expanded and existing pleas by reference to Dr Duffy’s communications with
Kasamba administrators and on the Kasamba website.

148

Dr Duffy opposed the grant of permission on the ground that the application
was made too late and that she would have conducted her case differently if it
had been made before or at the commencement of trial. I reserved my decision on
the grant of permission to be addressed in my reasons for judgment.

149

By way of background, the Department of Health produced on subpoena
documents relating to Dr Duffy that were inspected by both parties before trial.
Google then applied for permission to amend its justification defence to add a
plea of justification in respect of the government email misuse imputation and to
rely on the Kasamba report in support of its existing and extended justification
pleas. Google explained the lateness of the application by reference to its recent
receipt of the Department of Health documents produced on subpoena.
Ultimately, Dr Duffy did not oppose the application and I granted permission to
amend the defence in these respects.

150

The trial proceeded over six days from 22 to 29 June 2015 during which all
of the evidence was completed. The trial was then adjourned for the parties to
prepare written closing addresses and to make supplementary oral closing
addresses on 6 and 7 August 2015.

151

Google completed its oral closing address at the end of 6 August 2015.
Towards the end of that oral closing address, Google made an oral application for
permission to amend its justification defence as summarised above.

152

In Aon Risk Services Australia Ltd v Australian National University,40 the
High Court identified the principles to be applied in determining a late
application to amend a defence.

38
39
40

Limitation of Actions Act 1936 (SA) s 37(1).
Limitation of Actions Act 1936 (SA) s 37(2) and 48.
[2009] HCA 27, (2009) 239 CLR 175.

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36
153

In Channel Seven Adelaide Pty Ltd v Manock,41 Bleby J (with whom White
J agreed) summarised the factors to be taken into account as follows:
(1)

Whether there has been undue delay in making the application;

(2)

The extent to which there will be wasted public resources in granting the
amendment;

(3)

Whether there will be inefficiency occasioned by the need to revisit interlocutory
processes;

(4)

Whether a trial date would need to be vacated or a trial adjourned;

(5)

Whether there is any satisfactory reason for the delay in applying;

(6)

Whether the point to be raised by the amendment would be raised in any event at
the trial;

(7)

The likelihood of strain and uncertainty being imposed on the litigants;

(8)

Whether any further delay would undermine confidence in the administration of
civil justice;

(9)

Any other prejudice likely to be suffered by the other party;

(10) The additional costs likely to be incurred.42
154

Google sought to explain the late making of the application by contending
that the evidentiary basis for it only emerged during cross-examination of Dr
Duffy. However, it is the documentary material that has been in Google’s
possession since before the commencement of trial that forms the evidentiary
basis for the proposed additional justification pleas. The cross-examination was
based on that documentary material. In addition, even if the evidentiary basis had
emerged during cross-examination of Dr Duffy, that does not explain Google’s
failure to apply for permission to amend at the end of Dr Duffy’s case or before
written closing addresses. The delay is very substantial and there is no
satisfactory explanation for it.

155

I accept that Dr Duffy conducted her case at trial on the basis that the truth
of the imputations that she had been disseminating lies, using phoney names for
deception and making unfair, inaccurate and damaging reports about psychics
was not an issue at trial, and this impacted on her decision not to call any other
witnesses on the issue of justification. Dr Duffy may well have conducted her
case at trial differently if justification had been in issue in respect of these other
imputations, including the possibility of calling other witnesses. It is impossible
to make a definitive finding about this but there is a real possibility that Dr Duffy
has been prejudiced in this manner.
41
42

[2010] SASCFC 59.
At [46]. (Citations omitted)

 [2015] SASC 170

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37
Weighing all of the relevant factors, permission to amend is refused.

156

Elements of the tort
157

The common law tort of defamation43 is comprised by publication by the
defendant to another person of matter defamatory of the plaintiff.44
The tort can be divided up into the following ingredients:

158

1.

the defendant participates in publication to a third party of a body of
work45;

2.

the body of work contains a passage alleged to be defamatory;

3.

the passage conveys an imputation;

4.

the imputation is about the plaintiff;

5.

the imputation is damaging to the plaintiff’s reputation.

159

The first ingredient involves a physical and a mental element. The physical
element is that the defendant by his or her conduct objectively participates in
communication of the work to a third party. It is sufficient participation if the
defendant takes one step in the overall process of communication which requires
concurrent or cumulative steps by others. The mental element is that the
defendant intends or knows that the work will be communicated to a third party
or is reckless or careless as to such communication occurring as a result of her or
his conduct.46 It may be that the onus of proof as to this mental element lies on
the defendant.47

160

The second ingredient has no separate existence from the first ingredient in
the simple case where the entire communication consists of a few spoken or
written words and the entire communication is alleged to be defamatory.
However, in a complex case where the relevant passage is part of a larger body
of work or there is an issue whether it is part of the body of work at all, it is
necessary to distinguish between the defendant’s conduct and state of mind in
43

44

45

46

47

The separate common law torts of libel and slander have been merged by section 7 of the Defamation
Act 2006 (SA). Except to the extent that the Act provides otherwise, the common law is preserved:
section 6.
Lee v Wilson & MacKinnon (1934) 51 CLR 276 at 287-290 per Dixon J; Dow Jones & Company Inc v
Gutnick [2002] HCA 56; (2002) 210 CLR 575 at [25]-[27] per Gleeson CJ, McHugh, Gummow and
Hayne JJ; Radio 2UE Sydney Pty Ltd v Chesterton [2009] HCA 16 (2009); (2009) 238 CLR 460 at [1]
per French CJ, Gummow, Kiefel and Bell JJ.
The body of work may consist of words, gestures, pictures or anything else capable of conveying an
imputation.
Huth v Huth [1915] 3 KB 32 at 38-39 per Lord Reading CJ 42-45 per Swinfen Eddy LJ and 46-47 per
Bray J; McNicoll v Grandy [1932] 1 DLR 225 at 230 per Anglin CJC (with whom Rinfret, Lamont
and Cannon JJ agreed) and 231-232 per Duff J; Thompson v Australian Capital Television Pty Ltd
(1996) 186 CLR 574 at 594-595 per Gaudron J.
McNicoll v Grandy [1932] 1 DLR 225 at 231 per Duff J.

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[2015] SASC 170

38
relation to the relevant passage and conduct and state of mind in relation to the
larger body of work.
161

The physical element of the second ingredient is that the body of work
contains the relevant passage. This will usually be obvious but there will be cases
in which it will be controversial whether the passage is incorporated into the
body of work. The mental element depends on whether the defendant is a
primary or secondary publisher. If the defendant is a primary publisher, there is
strict liability in respect of the second ingredient.48 If the defendant is a secondary
publisher, there is a mental element, namely that the defendant intends or knows
that the work contains the passage in question or is reckless or careless as to its
containing such a passage.49 The onus of proof as to this mental element lies on
the defendant.50 This aspect of the cause of action in defamation is commonly
referred to as the defence of innocent dissemination.51 I shall refer to it instead as
the secondary publisher doctrine or the innocent dissemination doctrine.

162

The third ingredient is that the relevant passage conveys an imputation. The
test is objective: it is the understanding that would be formed by ordinary,
reasonable recipients of the communication as assessed by the trier of fact.52 In
general, there is strict liability in respect of the third ingredient; it does not matter
whether the defendant intends, knows or ought to know that the matter conveys
the imputation in question.53

163

A defendant is, as a general rule, liable for a publication notwithstanding
that she or he is manifestly only repeating or referring to a statement made by
someone else without adopting it or expressing a belief in its truth. 54 This is
known as the “repetition rule”. There is a qualification to this general rule when
the content and context show that the correct imputation is to the opposite effect
of the statement to which reference is made and the defendant is only referring to
it to refute it.55 It is a corollary of the repetition rule that a defendant does not
48
49
50

51

52

53

54

55

Lee v Wilson & MacKinnon (1934) 51 CLR 276 at 288 per Dixon J.
This is addressed in more detail at [170] ff below.
McNicoll v Grandy [1932] 1 DLR 225 at 230 per Anglin CJC (with whom Rinfret, Lamont and
Cannon JJ agreed) and 231-232 per Duff J.
Cf Thompson v Australian Capital Television Pty Ltd (1996) 186 CLR 574 at 589 per Brennan CJ,
Dawson and Toohey JJ.
Mirror Newspapers Ltd v Harrison (1982) 149 CLR 293 at 298-301 per Mason J (with whom Gibbs
CJ, Wilson and Brennan JJ agreed).
Cassidy v Daily Mirror Ltd [1929] 2 KB 331 at 339-2-341 per Scrutton LJ and 354 per Russell LJ;
Lee v Wilson & MacKinnon (1934) 51 CLR 276 at 287-288 per Dixon J.
Truth (NZ) Ltd v Holloway [1960] 1 WLR 997 at 1002-1003 per Lord Denning delivering the
judgment of the Privy Council (Viscount Simonds, Lord Reid, Lord Tucker, Lord Denning and Lord
Morris); Lewis v Daily Telegraph Ltd [1964] AC 234 at 260 per Lord Reid (with whom Lord Jenkins
agreed), 274-275 per Lord Hodson and 283-284 per Lord Devlin; Wake v John Fairfax & Sons Ltd
[1973] 1 NSWLR 43 at 49-50 per Manning, Hope and Reynolds JJ; John Fairfax Publications Pty Ltd
v Obeid [2005] NSWCA 60, (2005) 64 NSWLR 485 at [92]-[95] and [98]-[102] per McColl JA (with
whom Sheller JA and McClellan AJA agreed).
Wake v John Fairfax & Sons Ltd [1973] 1 NSWLR 43 at 49-50 per Manning, Hope and Reynolds JJ;
John Fairfax Publications Pty Ltd v Obeid (2005) 64 NSWLR 485 at [92]-[95] and [98]-[102] per
McCole JA (with whom Sheller JA and McClellan AJA agreed).

 [2015] SASC 170

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39
establish justification by proving merely that he or she was repeating the
statement of another or believed it to be true but must prove the objective truth of
the statement repeated.56
164

The fourth ingredient is that the imputation is about the plaintiff. The test is
objective: it is the understanding that would be formed by ordinary, reasonable
recipients of the communication as assessed by the trier of fact.57 In general, there
is strict liability in respect of the fourth ingredient; it does not matter whether the
defendant intends, knows or ought to know that the matter concerns the
plaintiff.58

165

The fifth ingredient is that the imputation is defamatory, ie damaging to the
plaintiff’s reputation. The test is objective: it is the understanding that would be
formed by ordinary, reasonable members of the community by reference to
community standards as assessed by the trier of fact as to whether it is calculated
to damage the plaintiff’s reputation.59 In general, there is strict liability in respect
of the fifth ingredient; it does not matter whether the defendant intends, knows or
ought to know that the matter is damaging to the plaintiff’s reputation.60
Publication

166

The first and second ingredients of defamation require communication of
the work containing the allegedly defamatory matter by the defendant to at least
one third party.

167

In Dow Jones & Company Inc v Gutnick,61 Gleeson CJ, McHugh, Gummow
and Hayne JJ said:
Harm to reputation is done when a defamatory publication is comprehended by the
reader, the listener, or the observer. Until then, no harm is done by it. This being so it
would be wrong to treat publication as if it were a unilateral act on the part of the
publisher alone. It is not. It is a bilateral act - in which the publisher makes it available
and a third party has it available for his or her comprehension.62

56

57

58

59

60

61
62

Lewis v Daily Telegraph Ltd [1964] AC 234 at 260 per Lord Reid (with whom Lord Jenkins agreed),
274-275 per Lord Hodson and 283-284 per Lord Devlin.
David Syme & Co v Canavan (1918) 25 CLR 234 at 238 per Isaacs J; Morgan v Odhams Press [1971]
1 WLR 1239 at 1243 per Lord Reid, 1264 per Lord Donovan and 1269-1270 per Lord Pearson.
E Hulton & Co v Jones [1910] AC 20 at 23-24 per Lord Loreburn and 26 per Lord Shaw; Lee v Wilson
& MacKinnon (1934) 51 CLR 276 at the 288-292 per Dixon J and 296-298 per Evatt and McTiernan
JJ.
Slatyer v The Daily Telegraph Newspaper Co Ltd (1908) 6 CLR 1 at 7 per Griffiths CJ (with whom
O'Connor and Isaacs JJ agreed); Tolley v Fry [1930] 1 KB 467 at 475 per Scrutton LJ 479 per Greer
LJ and 489 per Slesser LJ.
E Hulton & Co v Jones [1910] AC 20 at 23-24 per Lord Loreburn and 26 per Lord Shaw; Lee v Wilson
& MacKinnon (1934) 51 CLR 276 at the 288-292 per Dixon J and 296-298 per Evatt and McTiernan
JJ; Dow Jones & Company Inc v Gutnick, (2002) 210 CLR 575 at [25] per Gleeson CJ, McHugh,
Gummow and Hayne JJ.
(2002) 210 CLR 575.
At [26].

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168

Both sides of the element of publication are in issue in this case. The parties
addressed the sides independently: the act of the publisher and the act of the
publishee.
Publication: the act of the publisher
Participation

169

At common law, a person who participates in the publication of a work is a
publisher.63 In the simplest case of defamatory words spoken by A to B or written
in a letter by A given to B, A is the creator, producer, director and conveyor and
the sole publisher of the defamatory words. In more complex cases, publication
is a process that may for example be instigated by a creator, produced by a
second person, directed by a third person and conveyed by a fourth person.
Participants in the publication of a written work such as a book or newspaper
include the author, editor,64 printer,65 publisher66 and vendor67 of the work.
Primary and secondary participants

170

At common law, a distinction is drawn between a primary or principal
participant and a secondary or subordinate participant. A primary participant is
liable for a publication regardless of whether she or he knows or ought to know
of the defamatory matter within the work.68 A secondary participant is not liable
for a publication if he or she did not know and could not with the exercise of
reasonable diligence have known of the defamatory matter.69

171

In Emmens v Pottle,70 the defendants carried on business as newsvendors
and sold an edition of Money newspaper that contained a libel. The jury found
that the defendants did not know and were not negligent in not knowing that the
newspaper contained or was likely to contain a libel. The English Court of
Appeal held that it was a defence if the defendants as mere disseminators showed
that they did not know and using reasonable care would not have known that the
newspaper contained or was likely to contain a libel. Lord Esher MR (with whom
Cotton LJ agreed) said:
I agree that the defendants are prima facie liable. They have handed to other people a
newspaper in which there is a libel on the plaintiff. I am inclined to think that this called
upon the defendants to shew some circumstance which absolved them from liability…
facts which shew that they did not publish the libel.… The proprietor of a newspaper,
who publishes the paper by his servants, is the publisher of it, and he is liable for the acts
63
64
65
66
67
68

69

70

Gately On Libel and Slander by Mullis and Parkes QC 12th ed (2013) [6.10].
Watts v Fraser (1835) 7 C & P 369 (173 ER 164).
Johnson Hudson (1836) 7 A & E 233n (112 ER 459).
Blake v Stevens (1864) 4 E & F 232 (176 ER 544).
Emmens v Pottle (1886) 16 QBD 354. See [170] below.
Thompson v Australian Capital Television Pty Ltd (1996) 186 CLR 574 at 586-588 per Brennan CJ,
Dawson and Toohey JJ and 592-595 per Gaudron J.
Thompson v Australian Capital Television Pty Ltd (1996) 186 CLR 574 at 586-588 per Brennan CJ,
Dawson and Toohey JJ and 592-595 per Gaudron J.
(1885) 16 QBD 354.

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41
of his servants. The printer of the paper prints it by his servants, and therefore he is liable
for the libel contained there. But the defendants did not compose the libel on the plaintiff,
they did not write it or print it; they only disseminated that which contained a libel. The
question is whether, as such disseminators, they published the libel? If they had known
what was in the paper, whether they were paid for circulating it or not, they would have
published the libel, and would have been liable for so doing.… I am not prepared to say
that it would be sufficient for them to shew that they did not know of the particular
libel… The defendants did not know that the paper was likely to contain libel, and, still
more, that they ought not to have known this, which must mean, that they ought not to
have known it, having used reasonable care – the case is reduced to this, that the
defendants were innocent disseminators of a thing which they were not bound to know
was likely to contain a libel. That being so, I think the defendants are not liable for the
libel.71

Bowen LJ said:
The jury have found as a fact that the defendants were innocent carriers of that which
they did not know contained libellous matter, and which they had no reason to suppose
was likely to contained libellous matter.… It seems to me that the defendants are no more
liable than any other innocent carrier of an article which he has no reason to suppose
likely to be dangerous. But I by no means intend to say that the vendor of a newspaper
will not be responsible for libel contained in it, if he knows, or ought to know, that the
paper is one which is likely to contain a libel.72
172

In Vizetelly v Mudie’s Select Library Limited,73 the defendant carried on
business as a circulating library. The defendant lent circulating copies of a
libellous book and sold surplus copies. The jury found the defendant liable,
having been directed that it was to consider whether it used due care in the
management of its business. The English Court of Appeal upheld the verdict. A L
Smith LJ (with whom Vaughan Williams LJ agreed) said:
The defendants having lent and sold copies of the book containing that libel, prima facie
they published it. What defence, then, have they? None, unless they can bring themselves
within the doctrine of Emmens v Pottle… there was sufficient evidence to justify the jury
in coming to the conclusion that the defendants have failed to prove their defence, and
that it was through negligence on their part that they did not find out that the book
contained a libel on the plaintiff. That being so, they failed to do what the defendants in
Emmens v Pottle succeeded in doing, namely, prove that they did not publish the libel.74

Vaughan Williams J said:
The verdict of the jury, as I understand it, amounts to a finding that the defendants failed
in their judgment to prove that it was not by any negligence on their part that they did not
know that the book in question contained a libel on the plaintiff.… What I understand
Emmens v Pottle really to decide is that the innocent publication of defamatory matter,

71
72
73
74

At 357-358.
At 358.
[1900] 2 QB 170.
At 176-177. (Citation omitted)

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[2015] SASC 170

42
i.e., its publication under such circumstances as rebut the presumption of any malice, is
not a publication within the meaning of the law of libel.75

Romer J said:
The result of the cases is I think that, as regards a person who is not the printer or the first
or main publisher of a work which contains a libel, but has only taken, what I may call, a
subordinate part in disseminating it, in considering whether there has been a publication
of it by him, the particular circumstances under which he disseminated the work must be
considered. If he did it in the ordinary way of his business, the nature of the business and
the way in which it was conducted must be looked at; and, if he succeeds in shewing (1)
that he was innocent of any knowledge of the libel contained in the work disseminated by
him, (2) that there was nothing in the work or the circumstances under which it came to
him or was disseminated by him which ought to have led him to suppose that it contained
a libel, and (3) that, when the work was disseminated by him, it was not by any
negligence on his part that he did not know that it contained the libel, then, although the
dissemination of the work by him was prima facie publication of it, he may nevertheless,
on proof of the before-mentioned facts, be held not to have published it. But the onus of
proving such facts lies on him, and the question of publication or non-publication is in
such a case one for the jury.76
173

Google contends that the law took a wrong turn when the Court of Appeal
decided Emmens v Pottle and Vizetelly v Mudie’s Select Library Limited and it
should have been held that a mere disseminator such as a newsvendor or library
is not even prima facie a publisher. However, as was observed in Thompson v
Australian Capital Television Pty Ltd,77 the principle established by those cases
has become well accepted in the United Kingdom78 and has been applied in
Canada79 and New Zealand.80

174

In Lee v Wilson & MacKinnon,81 Dixon J endorsed the secondary publisher
doctrine, saying:
The communication may be quite unintentional and the publisher may be unaware of the
defamatory matter. If, however, the publication is made in the ordinary exercise of some
business or calling such as that of booksellers, newsvendors, messengers, or letter
carriers, and the defendant neither knows nor suspects, nor using reasonable diligence

75
76
77
78

79

80

81

At 177-178. (Citation omitted)
At 180.
(1996) 186 CLR 574 at 586 per Brennan CJ, Dawson and Toohey JJ and 592 per Gaudron J.
Weldon v "The Times" Book Co Ltd (1911) 28 TLR 143 at 144 per Cozens-Hardy MR (with whom
Fletcher Moulton and Farwell LJJ agreed) Bottomley v FW Woolworth & Co Ltd (1932) 48 TLR 521
at 521 per Scrutton LJ (with whom Greer and Slesser LJJ agreed); Sun Life Assurance Co of Canada v
WH Smith and Son Ltd (1933) 150 LT 211 at 214 per Scrutton LJ (with whom Lawrence and Greer
LJJ agreed).
Lambert v Roberts Drug Stores Ltd [1933] 4 DLR 193 at 195 per Trueman JA (with whom Predergast
CJM, Dennistown, Robson and Richards JJA agreed). See also Society of Composers, Authors and
Music Publishers of Canada v Canadian Association of internet Providers [2004] SCC 45, (2004) 240
DLR (4th) 193 at [89] per McLaughlin CJ, Iacobucci, Major, Bastarache, Binnie, Deschamps and Fish
JJ.
Jensen v Clark [1982] 2 NZLR 268 at 274-276 per Pritchard J; Crocombe v Examiner Newspapers Ltd
unreported, High Court of New Zealand, 24 February 1992.
(1934) 51 CLR 276.

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43
ought to know or suspect, the defamatory content of the writing, proof of which facts lies
upon him, his act does not amount to publication of a libel.82
175

In McPhersons Ltd v Hickie,83 the New South Wales Court of Appeal
endorsed the application of the secondary publication doctrine to newsagents,
booksellers and libraries and held that it was arguable that in principle it should
also apply to modern day printers.84

176

In Thompson v Australian Capital Television Pty Ltd,85 the High Court not
only endorsed the secondary publisher doctrine but held that it applied equally to
electronic transmissions of radio or television broadcasts. Brennan CJ, Dawson
and Toohey JJ said:
... There is no reason in principle why a mere distributor of electronic material should not
be able to rely upon the defence of innocent dissemination if the circumstances so permit.
In that respect we agree with Miles J in the Full Court who, agreeing with the trial judge,
said:
"[T]here is no logical reason, in accordance with the ordinary processes of the
development of the law through judicial decision, why the defence of innocent
dissemination or innocent republication should be restricted to printed material and
not extended to television broadcasts."86

Gaudron J said:
Thus, it cannot be said that, as a matter of fact, the rule as to innocent dissemination
cannot apply to those who retransmit televised material. Accordingly, it is necessary to
consider whether a broadcaster is, in relation to the retransmission of televised material, a
secondary distributor.87
177

In Dow Jones & Company Inc v Gutnick,88 Gleeson CJ, McHugh, Gummow
and Hayne JJ endorsed the secondary publisher doctrine and cited as authority
Dixon J’s judgment in Lee v Wilson & MacKinnon, saying:
... Yet a publication made in the ordinary course of a business such as that of bookseller
or news vendor, which the defendant shows to have been made in circumstances where
the defendant did not know or suspect and, using reasonable diligence, would not have
known or suspected was defamatory, will be held not to amount to publication of a libel.89

178

The secondary publisher doctrine was originally expressed and since then
has often been expressed90 as making the mental element a component of
82
83
84
85
86
87
88
89
90

At 288.
[1995] Aust Torts Reports 81-348.
At 62498 per Priestley JA (with whom Mahoney JA agreed) and 62499-62500 per Powell l JA.
(1996) 186 CLR 574.
At 589.
At 594.
(2002) 210 CLR 575.
At [25].
See the formulation of the doctrine in Emmens v Pottle and Vizetelly v Mudie’s Select Library Limited
and subsequent references in Lee v Wilson & MacKinnon and Dow Jones & Company Inc v Gutnick
extracted above.

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[2015] SASC 170

44
publication in the case of a secondary participant (albeit the onus lies on the
defendant). Sometimes it is expressed as a standalone defence independently of
the element of publication to be considered only after the plaintiff has established
each ingredient of the cause of action. The better view is that it is an element of
publication: this is consistent with intention, knowledge or carelessness as to the
fact – as opposed to the content – of communication being an element of
publication as summarised at [159] above (notwithstanding the onus of proof).
179

The secondary publisher doctrine is often expressed in terms of a defendant
who does not know and ought not to know that the body of work “contains or is
likely to contain a libel”. This expression is ambiguous as to whether the mental
element relates to the second, third, fourth and/or fifth ingredients of the cause of
action. The better view is that it relates to the second ingredient and the test as to
imputations arising, concerning the plaintiff and being defamatory remains
objective for secondary publishers as it is for primary publishers. There is no
good reason to distinguish between primary and secondary publishers in respect
of the third, fourth and fifth ingredients and there are sound policy reasons why
those ingredients should be solely objective. However, in most cases the
distinction will make no difference in practice.

180

In Murray v Wishart,91 the New Zealand Court of Appeal held that an actual
knowledge test and not a constructive knowledge test should be applied to
determine whether a website forum host – in that case a Facebook page host – is
a secondary publisher in respect of third party postings.92 As a matter of principle,
I do not consider that a different test should apply to a publisher of internet
material from that applying to a publisher of physical, broadcast or televised
material. In any event, as a matter of authority the approach of the New Zealand
Court of Appeal is not open in Australia given the High Court’s endorsement of
the constructive knowledge test in the case of secondary participants.
Works created by trespass

181

Google contends that to be a publisher a defendant must expressly or
implicitly authorise the publication of the defamatory matter. Google relies in
this respect upon cases that have considered the liability of an occupier of a
building or structure for defamatory material placed there without the permission
or knowledge of the occupier but who does not remove the material after learning
of its existence.

182

In Byrne v Deane,93 Mr and Mrs Deane owned a golf club of which
Mrs Deane was the secretary. The club rules prohibited the posting of any notice
in the premises without the secretary’s consent. A person unknown posted a
notice containing a poem defamatory of Mr Byrne. The Deanes took no steps to
remove the notice after becoming aware of it. The English Court of Appeal held
91
92
93

[2014] 3 NZLR 722.
At [144]. See [201] ff below.
[1937] 1 KB 818.

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that in the circumstances the Deanes published the matter. Greer LJ (with whom
Greene LJ relevantly agreed) said:
In my judgment, the two proprietors of this establishment, by allowing the defamatory
statement, if it be defamatory, to rest upon their wall, and by not removing it, with the
knowledge that they must have had that, by not removing it, it would be read by people to
whom it would convey such meaning as it had, were taking part in the publication of it. 94

Greene LJ said:
The test, it appears to me, is this: having regard to all the facts of the case, is the proper
inference that, by not removing the defamatory matter, the defender really made himself
responsible for its continued presence in the place where it has been put?
…The defendants, having the power of removing it, and the right to remove it, and being
able to do it without any difficulty at all, and knowing that members of the club, when
they came into the room, would see it, I think must be taken to have elected deliberately
to leave it there. The proper inference, therefore, in those circumstances, it seems to me,
is that they were consenting parties to its continued presence on the spot where it had
been put up.95
183

In Urbanchich v Drummoyne Municipal Council,96 a person unknown glued
posters defamatory of the plaintiff on bus shelters under the control of the Urban
Transit Authority. The plaintiff’s solicitors requested the Authority to remove the
posters and it did not do so within a month thereafter. Hunt J held that there was
evidence to go to the jury that the Authority had published the posters. Hunt J
said:
In a case where the plaintiff seeks to make the defendant responsible for the publication
of someone else’s defamatory statement which is physically attached to the defendant’s
property, he must establish more than mere knowledge on the part of the defendant of the
existence of that statement and the opportunity to remove it. According to the authorities,
the plaintiff must establish that the defendant consented to, or approved of, or adopted, or
promoted, or in some way ratified, the continued presence of that statement on his
property, so that persons other than the plaintiff may continue to read it – in other words,
the plaintiff must establish in one way or another a acceptance by the defendant of a
responsibility for the continued publication of that statement.
Such conduct on the part of the defendant may of course be established by inference…
... The facts upon which the plaintiff relies here – notice of the existence of the
defamatory statement, an ability to remove it and the failure to comply within a
reasonable period with a request to do so – may, if accepted by the jury…give rise to the
required inference that the defendant had in fact accepted a responsibility for the
continued publication of the statements made on the posters.97

184

I reject Google’s contention that a defendant can only ever be a publisher if
the defendant authorises or accepts responsibility for the publication. Such a test
94
95
96
97

At 830.
At 838.
(1991) Aust Torts Reports 81-127.
At 69193, 69194.

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[2015] SASC 170

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is apposite when the defamatory matter is physically attached to the defendant’s
property without the defendant’s knowledge or permission, although in that case
a better formulation of the test may be whether the defendant has acquiesced in
the defamatory matter remaining on the defendant’s property knowing that it will
be seen by others. The posited test is not apposite when the defamatory matter is
disseminated by the defendant itself and is inconsistent with the innocent
dissemination doctrine. The appropriate test remains whether the defendant has
participated in the publication. I agree with the decisions to this effect of
Morland J in Godfrey v Demon internet Ltd,98 Beach J in Trkulja v Google Inc
LLC (No 5),99 the Hong Kong Court of Final Appeal in Oriental Press Group
Limited v Fevaworks Solutions Ltd100 and (subject to the issue of actual v
constructive knowledge) the New Zealand Court of Appeal in Murray v
Wishart.101
Publishers of internet material
185

In Godfrey v Demon Internet Ltd,102 Demon operated a news server that
hosted an internet forum newsgroup relating to Thai culture (soc.culture.thai) as
part of the Usenet system. Someone posted an article on the forum that was
defamatory of Mr Godfrey. Mr Godfrey wrote to Demon saying the article was
defamatory and requesting its removal. Demon did not remove it. Demon
pleaded in its defence that it was not the publisher of the article. Morland J struck
out that part of the defence, holding that Demon was a publisher at common law.
Morland J said:
In my judgment the defendants, whenever it transmit and whenever there is transmitted
from the storage of their news server a defamatory posting, publish that posting to any
subscriber to its ISP who accesses the newsgroup containing that posting. Thus every
time one of the defendant’s customers accesses "soc culture thai" and sees that posting
defamatory of the plaintiff there is a publication to that customer.
The situation is analogous to that of the bookseller who sells a book defamatory of the
plaintiff ... to that of the circulating library who provided books to subscribers and to that
of distributors...
I do not accept Mr Barker's argument that the defendant was merely the owner of an
electronic device through which postings were transmitted. The defendant chose to store
"soc.culture.thai" postings within its computers. Such postings could be accessed on that
newsgroup. The defendant could obliterate and indeed did so about a fortnight after
receipt.103

186

In Bunt v Tilley,104 the first three defendants were individuals who allegedly
posted defamatory articles on Usenet message boards hosted by others – such as
98
99
100
101
102
103
104

[2001] QB 201.
[2012] VSC 533.
(2013) 16 HKCFAR 366.
[2014] NZCA 461; [2014] 3 NZLR 722.
[1999] EWHC 244 (QB), [2001] QB 201.
At [33]-[35]. (Citations omitted)
[2006] EWHC QB 407, [2007] 1 WLR 1243.

 [2015] SASC 170

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47
Google – who were not parties to the action. The last three defendants were
internet service providers who allegedly provided internet access to the first three
defendants to enable their posting on the message boards. Eady J struck out
Mr Bunt’s claim against the last three defendants, holding that they were not
publishers at common law. Eady J found that it was not pleaded that any of the
last three defendants were given notice of the existence of the defamatory
articles. Eady J then said:
In all the circumstances I am quite prepared to hold that there is no realistic prospect of
the claimant being able to establish that any of the corporate defendants, in any
meaningful sense, knowingly participated in the relevant publications. His own pleaded
case is defective in this respect in any event. More generally, I am also prepared to hold
as a matter of law that an ISP which performs no more than a passive role in facilitating
postings on the internet cannot be deemed to be a publisher at common law. I would not
accept the claimant's proposition that this issue "can only be settled by a trial", since it is
a question of law which can be determined without resolving contested issues of fact.
I would not, in the absence of any binding authority, attribute liability at common law to a
telephone company or other passive medium of communication, such as an ISP. It is not
analogous to someone in the position of a distributor, who might at common law need to
prove the absence of negligence. There a defence is needed because the person is
regarded as having "published". By contrast, persons who truly fulfil no more than the
role of a passive medium for communication cannot be characterised as publishers: thus
they do not need a defence.105
187

In Metropolitan International Schools Ltd (trading as SkillsTrain and/or
Train2Game) v Designtechnica Corp (trading as Digital Trends) and others, 106
the first defendant operated a website that hosted bulletin boards. On 25 March
2009, a user posted on one of its bulletin boards an allegedly defamatory article
entitled “Train2Game new scam for [plaintiff’s former name]”. The third
defendant was Google Inc. Searches conducted on Google’s UK website between
25 March and 1 May 2009 produced as a search result the snippet “Train2Game
new scam for [plaintiff’s former name]”. The relief sought against Google Inc
was an injunction. Google Inc applied to set aside leave to serve out of the
jurisdiction on the ground, amongst others, that there was no reasonable prospect
of success of the action because it did not publish the snippet. By the time of the
hearing on 24 and 25 June 2009, Google Inc had blocked access to the relevant
page or pages of the bulletin board. Eady J upheld Google Inc’s contention. Eady
J said:
When a search is carried out by a web user via the Google search engine it is clear, from
what I have said already about its function, that there is no human input from the third
defendant. None of its officers or employees takes any part in the search. It is performed
automatically in accordance with computer programmes.
When a snippet is thrown up on the user's screen in response to his search, it points him
in the direction of an entry somewhere on the web that corresponds, to a greater or lesser
105
106

At [36]-[37]. (Citations omitted)
[2009] EWHC QB 1765, [2010] 3 All ER 548.

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[2015] SASC 170

48
extent, to the search terms he has typed in. It is for him to access or not, as he chooses. It
is fundamentally important to have in mind that the third defendant has no role to play in
formulating the search terms. Accordingly, it could not prevent the snippet appearing in
response to the user's request unless it has taken some positive step in advance. There
being no input from the third defendant, therefore, on the scenario I have so far posited, it
cannot be characterised as a publisher at common law. It has not authorised or caused the
snippet to appear on the user's screen in any meaningful sense. It has merely, by the
provision of its search service, played the role of a facilitator.
Analogies are not always helpful, but there will often be resort to analogy when the
common law has to be applied to new and unfamiliar concepts. Here, an analogy may be
drawn perhaps with a search carried out in a large conventional library. If a scholar
wishes to check for references to his research topic, he may well consult the library
catalogue. On doing so, he may find that there are some potentially relevant books in one
of the bays and make his way there to see whether he can make use of the content. It is
hardly realistic to attribute responsibility for the content of those books to the compiler(s)
of the catalogue. On the other hand, if the compilers have made an effort to be more
informative, by quoting brief snippets from the book, the position may be different.
Suppose the catalogue records that a particular book contains allegations of corruption
against a living politician, or perhaps it goes further and spells out a particular activity,
such as "flipping" homes to avoid capital gains tax, then there could be legal liability on
the part of the compiler under the "repetition rule".
No doubt it would be said here too, by analogy, that the third defendant should be liable
for repeating the "scam" allegations against the claimant. Yet, whereas a compiler of a
conventional library catalogue will consciously at some point have chosen the wording of
any "snippet" or summary included, that is not so in the case of a search engine. There
will have been no intervention on the part of any human agent. It has all been done by the
web-crawling "robots".
The next question is whether the legal position is, or should be, any different once the
third defendant has been informed of the defamatory content of a "snippet" thrown up by
the search engine. In the circumstances before Morland J in Godfrey v Demon internet,
the acquisition of knowledge was clearly regarded as critical. That is largely because the
law recognises that a person can become liable for the publication of a libel by
acquiescence; that is to say, by permitting publication to continue when he or she has the
power to prevent it. As I have said, someone hosting a website will generally be able to
remove material that is legally objectionable. If this is not done, then there may be
liability on the basis of authorisation or acquiescence.
A search engine, however, is a different kind of internet intermediary. It is not possible to
draw a complete analogy with a website host. One cannot merely press a button to ensure
that the offending words will never reappear on a Google search snippet: there is no
control over the search terms typed in by future users. If the words are thrown up in
response to a future search, it would by no means follow that the third defendant has
authorised or acquiesced in that process.
There are some steps that the third defendant can take and they have been explored in
evidence in the context of what has been described as its "take down" policy. …
In this case, the evidence shows that Google has taken steps to ensure that certain
identified URLs are blocked, in the sense that when web-crawling takes place, the content
of such URLs will not be displayed in response to Google searches carried out on
Google.co.uk. This has now happened in relation to the "scam" material on many

 [2015] SASC 170

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49
occasions. But I am told that the third defendant needs to have specific URLs identified
and is not in a position to put in place a more effective block on the specific words
complained of without, at the same time, blocking a huge amount of other material which
might contain some of the individual words comprising the offending snippet.
It may well be that the third defendant's "notice and take down" procedure has not
operated as rapidly as Mr Browne and his client would wish, but it does not follow as a
matter of law that between notification and "take down" the third defendant becomes or
remains liable as a publisher of the offending material. While efforts are being made to
achieve a "take down" in relation a particular URL, it is hardly possible to fix the third
defendant with liability on the basis of authorisation, approval or acquiescence.107
188

In Crookes v Wikimedia Foundation Inc,108 Mr Crookes was suing
Mr Pilling as author of three articles posted on the website www.openpolitics.ca.
Mr Newton posted on his own website an article addressing Mr Crookes’ lawsuit
against Mr Pilling that provided without comment a hyperlink to the Open
Politics website. The article also contained without comment or explanation a
hyperlink from the word “Wayne Crookes” to an article on the website
www.usgovernetics.com that was also alleged by Mr Crookes to be defamatory.
Kelleher J held that Mr Newton did not publish the material on the other two
websites merely by including without comment hyperlinks to those websites.
Kelleher J said:
... I agree with the defendant that footnotes in an article are an apt analogy. Where a
footnote leads a reader to further material, that does not make the author who provided
the footnote a publisher of what the reader finds when the footnote is followed.
A hyperlink is like a footnote or a reference to a website in printed material such as a
newsletter. The purpose of a hyperlink is to direct the reader to additional material from a
different source. The only difference is the ease with which a hyperlink allows the
reader, with a simple click of the mouse, to instantly access the additional material.
Although a hyperlink provides immediate access to material published on another
website, this does not amount to republication of the content on the originating site. This
is especially so as a reader may or may not follow the hyperlinks provided.
… Readers of a newsletter, whether in paper form or online, who read of a reference to a
third party website, may go to that website. I conclude that that does not make the
publisher of the web address a publisher of what readers find when they get there.
In the present case, although hyperlinks referred the reader to articles now claimed by the
plaintiffs to be defamatory, the plaintiffs agree that the defendant did not publish any
defamatory content on the p2pnet website itself. The defendant did not reproduce any of
the disputed content from the linked articles on p2pnet and did not make any comment on
the nature of the linked articles. In these circumstances, a reader of the p2pnet website
who did not click on the hyperlinks provided would not have any knowledge of the
allegedly defamatory content.
…

107
108

At [50]-[58]. (Citations omitted)
[2008] BCSC 1424, (2008) 61 CCLT (3d) 148.

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[2015] SASC 170

50
I do not wish to be misunderstood. It is not my decision that hyperlinking can never
make a person liable for the contents of the remote site. For example, if Mr. Newton had
written "the truth about Wayne Crookes is found here" and "here" is hyperlinked to the
specific defamatory words, this might lead to a different conclusion.109
189

In Crookes v Wikimedia Foundation Inc,110 the British Columbia Court of
Appeal upheld the trial judge’s conclusion that merely creating a hyperlink did
not entail publishing the content of the hyperlinked website. The Court by
majority held that the context of the article surrounding the hyperlinks did not
encourage or invite a reader to look further.

190

In Crookes v Wikimedia Foundation Inc,111 the Supreme Court of Canada
upheld the conclusion of the majority in the Court of Appeal. Abella J (with
whom Binnie, LeBel, Charron, Rothstein and Cromwell JJ agreed) said:
A reference to other content is fundamentally different from other acts involved in
publication. Referencing on its own does not involve exerting control over the content.
Communicating something is very different from merely communicating that something
exists or where it exists. The former involves dissemination of the content, and suggests
control over both the content and whether the content will reach an audience at all, while
the latter does not. …
Hyperlinks are, in essence, references. By clicking on the link, readers are directed to
other sources. …
…
Although the person selecting the content to which he or she wants to link might facilitate
the transfer of information (a traditional hallmark of publication), it is equally clear that
when a person follows a link they are leaving one source and moving to another. In my
view, then, it is the actual creator or poster of the defamatory words in the secondary
material who is publishing the libel when a person follows a hyperlink to that content.
The ease with which the referenced content can be accessed does not change the fact that,
by hyperlinking, an individual is referring the reader to other content.
Hyperlinks thus share the same relationship with the content to which they refer as do
references. Both communicate that something exists, but do not, by themselves,
communicate its content. And they both require some act on the part of a third party
before he or she gains access to the content. The fact that access to that content is far
easier with hyperlinks than with footnotes does not change the reality that a hyperlink, by
itself, is content-neutral — it expresses no opinion, nor does it have any control over, the
content to which it refers.
Where a defendant uses a reference in a manner that in itself conveys defamatory
meaning about the plaintiff, the plaintiff’s ability to vindicate his or her reputation
depends on having access to a remedy against that defendant. In this way, individuals
may attract liability for hyperlinking if the manner in which they have referred to content
conveys defamatory meaning; not because they have created a reference, but because,
understood in context, they have actually expressed something defamatory. This might be
109
110
111

At [28]-[32], [34]. (Emphasis in original)
[2009] BCCA 392, (2009) 311 DLR (4th) 647.
[2011] SCC 47, (2011) 337 DLR (4th) 1.

 [2015] SASC 170

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51
found to occur, for example, where a person places a reference in a text that repeats
defamatory content from a secondary source.
…
Making reference to the existence and/or location of content by hyperlink or otherwise,
without more, is not publication of that content. Only when a hyperlinker presents
content from the hyperlinked material in a way that actually repeats the defamatory
content, should that content be considered to be “published” by the hyperlinker...112

McLachlin CJC and Fish J said:
While we agree in large part with the reasons of Abella J., we respectfully propose a
different formulation of the test for when a hyperlink reference in a text constitutes
publication of defamatory matter to which it links.
... In our view, the combined text and hyperlink may amount to publication of defamatory
material in the hyperlink in some circumstances. Publication of a defamatory statement
via a hyperlink should be found if the text indicates adoption or endorsement of the
content of the hyperlinked text. If the text communicates agreement with the content
linked to, then the hyperlinker should be liable for the defamatory content. The defendant
must adopt or endorse the defamatory words or material; a mere general reference to a
web site is not enough... 113

Deschamps J took a quite different approach, saying:
Byrne and its progeny are consistent with the requirement that any finding of publication
be grounded in a deliberate act. If a defendant was made aware (or had reason to be
aware) of defamatory information over which he or she had sufficient control but decided
to do nothing about it, this nonfeasance might amount to a deliberate act of approval,
adoption, promotion, or ratification of the defamatory information.
...
It should be plain that not every act that makes the defamatory information available to a
third party in a comprehensible form might ultimately constitute publication. The plaintiff
must show that the act is deliberate. This requires showing that the defendant played more
than a passive instrumental role in making the information available.114
191

In Tamiz v Google Inc,115 Google Inc operated a website www.blogger.com
that allowed persons to create, host and control their own blogs. A host created a
blog entitled London Muslim referring to Mr Tamiz. Eight anonymous allegedly
defamatory comments were posted on the London Muslim blog between 28 and
30 April 2011. Mr Tamiz notified Google of the comments between 5 and 22
July 2011. Google passed on the notifications to the blogger on 11 August who
removed the entire blog on 14 August 2011. Google applied to set aside leave to
serve out of the jurisdiction on the ground amongst others that it did not publish
the comments. Eady J upheld Google’s contention. Eady J said:
112
113
114
115

At [26], [27], [29], [30], [40], [42]. (Citations omitted), (Emphasis in original)
At [46], [48]. (Paragraph references omitted) (Emphasis in original)
At [87], [91]. (Citation omitted) (Emphasis in original).
[2012] EWHC QB 449.

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[2015] SASC 170

52
Google Inc accepts the responsibility of notifying (albeit not always with great
promptitude) the blogger(s) in question. It does not, however, accept that it should
investigate every complaint received, whether by way of establishing the facts or
obtaining advice on the relevant domestic law or laws that may be applicable. The fact
that an entity in Google Inc's position may have been notified of a complaint does not
immediately convert its status or role into that of a publisher. It is not easy to see that its
role, if confined to that of a provider or facilitator beforehand, should be automatically
expanded thereafter into that of a person who authorises or acquiesces in publication. …
It may be true that it has the technical capability of taking down (or, in a real sense,
censoring) communications which have been launched by bloggers or commentators on
its platform. Yet that is not by any means the same as saying that it has become an author
or authoriser of publication. It is no doubt often true that the owner of a wall which has
been festooned, overnight, with defamatory graffiti could acquire scaffolding and have it
all deleted with whitewash. That is not necessarily to say, however, that the unfortunate
owner must, unless and until this has been accomplished, be classified as a publisher.
It seems to me to be a significant factor in the evidence before me that Google Inc is not
required to take any positive step, technically, in the process of continuing the
accessibility of the offending material, whether it has been notified of a complainant's
objection or not. In those circumstances, I would be prepared to hold that it should not be
regarded as a publisher, or even as one who authorises publication, under the established
principles of the common law. As I understand the evidence its role, as a platform
provider, is a purely passive one. The situation would thus be closely analogous to that
described in Bunt v Tilley and thus, in striving to achieve consistency in the court's
decision-making, I would rule that Google Inc is not liable at common law as a publisher.
It would accordingly have no need to rely upon a defence (statutory or otherwise).116
192

In Tamiz v Google Inc,117 the Court of Appeal overturned Eady J’s decision
on the publication issue, holding that it was sufficiently arguable that Google was
a publisher not to set aside leave to serve out of the jurisdiction. Richardson LJ
(with whom Lord Dyson MR and Sullivan LJ agreed) said:
In my view the judge was wrong to regard Google Inc’s role in respect of Blogger blogs
as a purely passive one and to attach the significance he did to the absence of any positive
steps by Google Inc in relation to continued publication of the comments in issue.
…
By the provision of that service Google Inc plainly facilitates publication of the blogs
(including the comments posted on them). Its involvement is not such, however, as to
make it a primary publisher of the blogs. It does not create the blogs or have any prior
knowledge of, or effective control over, their content. It is not in a position comparable
to that of the author or editor of a defamatory article. Nor is it in a position comparable to
that of the corporate proprietor of a newspaper in which a defamatory article is printed.
Such a corporation may be liable as a primary publisher by reason of the involvement of
its employees or agents in the publication. But there is no relationship of employment or
agency between Google Inc and the bloggers or those posting comments on the blogs:
such people are plainly independent of Google Inc and do not act in any sense on its
behalf or in its name. The appellant’s reliance on principles of vicarious liability or
agency in this context is misplaced.

116
117

At [38], [39].
[2013] EWCA Civ 68; [2013] 1 WLR 2151.

 [2015] SASC 170

Blue J

53
…
In relation to Blogger [Eady J] said nothing about Judge Parkes QC’s analogy with the
provision of a gigantic notice board on which others post comments. Instead, he drew an
analogy with ownership of a wall on which various people choose to inscribe graffiti, for
which the owner is not responsible. I have to say that I find the notice board analogy far
more apposite and useful than the graffiti analogy. The provision of a platform for the
blogs is equivalent to the provision of a notice board; and Google Inc goes further than
this by providing tools to help a blogger design the layout of his part of the notice board
and by providing a service that enables a blogger to display advertisements alongside the
notices on his part of the notice board. Most importantly, it makes the notice board
available to bloggers on terms of its own choice and it can readily remove or block access
to any notice that does not comply with those terms.
Those features bring the case in my view within the scope of the reasoning in Byrne v
Deane. Thus, if Google Inc allows defamatory material to remain on a Blogger blog after
it has been notified of the presence of that material, it might be inferred to have associated
itself with, or to have made itself responsible for, the continued presence of that material
on the blog and thereby to have become a publisher of the material. Mr White QC
submitted that the vast difference in scale between the Blogger set-up and the small clubroom in Byrne v Deane makes such an inference unrealistic and that nobody would view
a comment on a blog as something with which Google Inc had associated itself or for
which it had made itself responsible by taking no action to remove it after notification of
a complaint. Those are certainly matters for argument but they are not decisive in Google
Inc’s favour at this stage of proceedings, where we are concerned only with whether the
appellant has an arguable case against it as a publisher of the comments in issue.
I do not consider that such an inference could properly be drawn until Google Inc had had
a reasonable time within which to act to remove the defamatory comments. …. it is in
my view open to argument that the time taken was sufficiently long to leave room for an
inference adverse to Google Inc on Byrne v Deane principles.118
193

In A v Google New Zealand Ltd,119 Associate Judge Abbott held that it was
sufficiently arguable that Google was a publisher of defamatory snippets and
hyperlinks to third party website pages alleged to be defamatory that summary
dismissal should be refused.120 In Rana v Google Australia Pty Ltd,121 Mansfield J
held that it was sufficiently arguable that Google was a publisher of defamatory
hyperlinks to third party website pages alleged to be defamatory that leave to
serve out of the jurisdiction should not be refused on that ground.122

194

In Trkulja v Google Inc LLC (No 5),123 a Melbourne Crime website
(www.melbournecrime.bizhosting.com) included a webpage headed “Melbourne
Crime” containing an article reproduced from the Herald Sun about the police
reopening an investigation into a shooting of Mr Trkulja by a hitman which
included a photograph of Mr Trkulja. The Melbourne Crime website added to the
118
119
120
121
122
123

At [23], [25], [33]-[35].
[2012] NZHC 2352.
At [68]-[69].
[2013] FCA 60.
At [58].
[2012] VSC 533.

 Blue J

[2015] SASC 170

54
Herald Sun article nine smaller photos of persons known or alleged to be serious
criminals. A word search on the Google Australian website of “Michael Trkulja”
produced a paragraph incorporating a snippet including “Michael Trkulja –
Melbourne Crime – Underworld – Ganglands” and the Melbourne Crime
webpage’s URL as a hyperlink. Clicking on the hyperlink led to the Melbourne
Crime webpage. An image search on the Google Australian website produced a
search result incorporating multiple images below each of which was the name
“Michael Trkulja”, and the second of which was a photo of Mr Trkulja. Clicking
on the fourth and fifth images led to the Melbourne Crime webpage.124
195

The jury found that Google published the material resulting from each of
the word and image searches of “Michael Trkulja”, that Google was notified by
Mr Trkulja of the material resulting from an image search but not a word search
on 10 October 2009 and that the defence of innocent dissemination was available
to Google at all material times in respect of a word search but only up to 10
October 2009 in respect of an image search. Google made a non-obstante
application to the trial Judge on the ground amongst others that it had not been
open to the jury to find that it was a publisher or to reject its innocent
dissemination defence. Beach J dismissed Google’s application, holding that it
was open to the jury to find that Google was a publisher in respect of all of the
material. Beach J said:
The question of whether or not Google Inc was a publisher is a matter of mixed fact and
law. In my view, it was open to the jury to find the facts in this proceeding in such a way
as to entitle the jury to conclude that Google Inc was a publisher even before it had any
notice from anybody acting on behalf of the plaintiff. The jury were entitled to conclude
that Google Inc intended to publish the material that its automated systems produced,
because that was what they were designed to do upon a search request being typed into
one of Google Inc’s search products. In that sense, Google Inc is like the newsagent that
sells a newspaper containing a defamatory article. While there might be no specific
intention to publish defamatory material, there is a relevant intention by the newsagent to
publish the newspaper for the purposes of the law of defamation.
By parity of reasoning, those who operate libraries have sometimes been held to be
publishers for the purposes of defamation law. That said, newsagents, librarians and the
like usually avoid liability for defamation because of their ability to avail themselves of
the defence of innocent dissemination (a defence which Google Inc was able to avail
itself of for publications of the images matter prior to 11 October 2009, and all of the
publications of the web matter that were the subject of this proceeding).
While much was made by Google Inc in the present case of Eady J’s statements in Bunt
and Tamiz that an internet service provider who performs no more than a passive role
cannot be a publisher, those statements have to be seen in the light of the facts in those
cases. To say as a general principle that if an entity’s role is a passive one then it cannot
be a publisher, would cut across principles which have formed the basis for liability in the
newsagent/library type cases and also in those cases where someone with power to

124

The facts appear also from Trkulja v Google Inc [2010] VSC 226 and Trkulja v Google Inc (No 2)
[2010] VSC 490.

 [2015] SASC 170

Blue J

55
remove a defamatory publication chooses not to do so in circumstances where an
inference of consent can be drawn.
In any event, and putting to one side the factual differences I have identified, to the extent
that there is anything written in the judgments of Bunt v Tilley, Metropolitan Schools Ltd
v Designtechnica Corporation and Tamiz v Google Inc that might be thought to compel
the conclusion that on the facts of the present case it was not open to the jury to conclude
that Google Inc was a publisher of either the images matter or the web matter, then the
same does not represent the common law of Australia. Further, while on the facts in
Bunt, the defendants were correctly described as “internet intermediaries” (whatever may
be the legal consequences of such a description), it is, with respect, doubtful that that
same description can be applied to an internet search engine provider in respect of
material produced as a result of the operation of that search engine. That said, any such
“internet intermediary” is, in any event, performing more than the “merely passive role …
[of] facilitating postings” (Cf Bunt).
It follows that, in my view, it was open to the jury to conclude that Google Inc was a
publisher – even if it did not have notice of the content of the material about which
complaint was made. Google Inc’s submission to the contrary must be rejected...125
196

In Oriental Press Group Limited v Fevaworks Solutions Ltd,126 the
defendants operated two websites that hosted internet discussion forums. In
March 2007, defamatory comments were posted on one of the websites. The
defendant was notified of the defamatory comments in November 2008 but did
not remove them from the website until August 2009. The trial Judge found that
the defendant was liable for defamation as a publisher after November 2008. In
October 2008 and January 2009, further defamatory comments were posted on
each of the websites respectively. The defendants removed them within hours of
becoming aware of their existence. The plaintiffs’ claims in respect of those
further comments were dismissed by the trial Judge. The Court of Appeal upheld
the judgment, as did the Hong Kong Court of Final Appeal. Ribeiro PJ (with
whom Ma CJ, Chan PJ and Gleeson NPJ agreed and Litton NPJ relevantly
agreed) said:
Once the nature of the Byrne v Deane principles is grasped, it becomes clear that they do
not apply to internet platform providers like the respondents. The provider of a
discussion forum is in a wholly different position from that of the occupier of premises
who is not in the business of publishing or facilitating publication at all, but who has had
imposed on him the defamatory act of a trespasser.
The respondents plainly played an active role in encouraging and facilitating the
multitude of internet postings by members of their forum. As described in Section B of
this judgment, they designed the forum with its various channels catering for their users’
different interests; they laid down conditions for becoming a member and being permitted
to make postings; they provided users browsing their website access to the discussion
threads developed on their forum; they employed administrators whose job was to
monitor discussions and to delete postings which broke the rules; and they derived
income from advertisements placed on their website, a business model which obviously
benefits from attracting as many users as possible to the forum.
125
126

At [18]-[19], [28]-[29], [30].
(2013) 16 HKCFAR 366.

 Blue J

[2015] SASC 170

56
The respondents were therefore, in my view, plainly participants in the publication of
postings by the forum’s users and in that sense they were publishers from the outset, it
being in issue whether they were first or main publishers or merely subordinate
publishers…
In this context, I respectfully part company with the reasoning (adopted on an
interlocutory basis) of the English Court of Appeal in Tamiz v Google Inc. It is reasoning
which proceeds on the basis that successful invocation of the defence of innocent
dissemination results in the defendant being deemed not to have published at all. For the
reasons previously given, I do not accept that premise. Nor am I able to accept the
distinction drawn between the notice board and graffiti analogies, nor the suggestion that
“the provision of a platform for blogs is equivalent to the provision of a notice board”.
As indicated above, my view is that the provider of an internet discussion platform
similar to that provided by the respondents falls from the outset within the broad
traditional concept of “a publisher”, a characteristic not shared by a golf club or other
occupier who puts up a notice board on which a trespassing message is posted.127
197

Ribeiro PJ went on to hold that the innocent dissemination doctrine applied
to the operator of an internet discussion forum because such an operator is a
subordinate publisher, saying:
As the authorities on the innocent dissemination defence show, in a newspaper setting,
the journalist, editor, printers and (vicariously) the newspaper proprietor are all treated as
first or main publishers. In my view, this is because they are persons whose role in the
publication process is such that they know or can be expected easily to find out the
content of the articles being published and who are able to control that content, if
necessary preventing the article’s publication. It is because they occupy such a position
that the law has held them strictly liable for any defamatory statements published.
In my view, the abovementioned characteristics supply the criteria for identifying a
person as a first or main publisher. They are (i) that he knows or can easily acquire
knowledge of the content of the article being published (although not necessarily of its
defamatory nature as a matter of law); and (ii) that he has a realistic ability to control
publication of such content, in other words, editorial control involving the ability and
opportunity to prevent publication of such content.
…
When the abovementioned criteria are applied to the respondents, it is in my view clear
that they are subordinate publishers and not first or main publishers of the defamatory
postings...128

198

In Dr Yeung Sau Shing Albert v Google Inc,129 typing “Albert Yeung” into
the search box on Google’s generic, Hong Kong and Taiwan websites resulted in
Autocomplete search suggestions and a list of Related Searches each including
“albert yeung triads”. After notification by Dr Yeung, Google took no steps to
remove the triad references. Google applied to set aside leave to serve out of the
jurisdiction on the ground that there was not a good arguable case that it was a
127

At [50]-[53].
At [75], [76], [89].
129
[2014] HKCFI 1404, [2014] 4 HKLRD 493.
128

 [2015] SASC 170

Blue J

57
publisher. Deputy Judge Marlene Ng held that there was such a good arguable
case. Her Honour said:
In my view, as a matter of law, it is plainly arguable that a search engine (including
Google Inc) that generates objectively defamatory materials by its automated processes is
a “publisher” within the meaning as explained in Fevaworks Solutions Ltd. It is also
arguable that Google Inc by creating and operating its automated systems that generate
materials in the manner they and their staff intended satisfies the requisite mental element
for the act of publication, ie they provided the platform for dissemination and/or
encouraged/facilitated or actively participated in the publication with intent to assist in
the process of conveying the impugned words to publishees, and knowledge of
defamatory content is not necessary (especially for an unwitting publisher who may in
due course wish to invoke the defence of innocent dissemination if it can). I have not
forgotten that unlike the non-publisher in Bunt Google Inc here is in the business of
disseminating information, and it is arguable that they fall within the broad traditional
concept of “a publisher”.
...
Mr McCoy SC places emphasises on the passivity rule (as explained above) in Bunt and
Metropolitan International Schools Ltd as well as Eady J’s observations in Tamiz to say
that an internet search engine who performs a mere passive role cannot be a publisher. In
my view, Beach J’s countervailing observation that if this is put forward as a general
principle it cuts across the orthodox publication rule under which liability is strict also has
arguable merits. It is also plainly arguable that under the common law principles of
publication that one can unwittingly become a publisher, and then one may (if one can)
invoke the defence of innocent dissemination.
...
Neither counsel has cited any other authority apart from Trkulja v Google Inc LLC. But
in my view, given the reasoning in Trkulja v Google Inc LLC and Fevaworks Solutions
Ltd and on the approach for identifying “a publisher”, there is plainly a good arguable
case that Google Inc is more than a passive facilitator vis-à-vis their Autocomplete and
Related Searches features.130
199

In Bleyer v Google Inc LLC,131 seven webpages independent of Google
contained matter allegedly defamatory of Mr Bleyer. A search undertaken by
Mr Bleyer on the Google Australian website produced paragraphs including
snippets derived from and hyperlinks to those seven external webpages.
Mr Bleyer pleaded that two of the snippets alone and five of the snippets and
hyperlinked pages combined were defamatory and were published to two persons
in December 2012 and one person in April 2013. In March 2013, Mr Bleyer
requested Google to remove the links and in May 2013 Google removed three of
the links and sought further information in respect of the other four. Mr Bleyer
instituted the action two days later. McCallum J held that Google did not publish
the matters before being put on notice in March 2013 but it was arguable that
Google did publish them after that time. McCallum J said:
130
131

At [103], [105], [121].
[2014] NSWSC 897.

 Blue J

[2015] SASC 170

58
To the extent that the claim in Trkulja alleged that Google Inc was liable for publication
before being put on notice of the plaintiff's claim, I would respectfully not share his
Honour's view that the decision in Urbanchich was authoritative in that context…
Accordingly, I would respectfully not share Beach J's view that there is any relevant
difference between the decisions in Bunt v Tilley, Metropolitan International Schools and
Tamiz and the common law of Australia.
…
The evidence before me establishes that there is no human input in the application of the
Google search engine apart from the creation of the algorithm. I would respectfully
disagree with the conclusion reached by Beach J in Trkulja that the performance of the
function of the algorithm in that circumstance is capable of establishing liability as a
publisher at common law. I would adopt the English line of authority to the effect that, at
least prior to notification of a complaint (and on the strength of the evidence before me),
Google Inc cannot be liable as a publisher of the results produced by its search engine.
...
I am satisfied, on the strength of the evidence before me, that it is highly unlikely that Mr
Bleyer would be able at trial to establish that Google Inc is liable for publication of at
least the first two alleged downloads of the matters complained of. The position is more
complex as to the third download, which occurred after Google Inc received notice of Mr
Bleyer's complaint. As already noted, Google Inc operates a voluntary notice and take
down procedure and that procedure was engaged in the present case. It resulted in a
positive response in respect of part but not all of the material complained of. That is
probably enough to save the claim from summary dismissal on the General Steel test...132
200

In Wishart v Murray,133 Mr Murray in June 2011 created a Facebook
webpage entitled “Boycott the Macsyna King book” that was critical of
Mr Wishart. The page attracted comments from numerous third parties.
Mr Wishart pleaded that Mr Murray was required to monitor the comments and
remove those that were abusive and block further posts from persons who had
posted those comments. Mr Murray said that there were too many comments for
him to monitor them all. He denied being put on notice by Mr Wishart that any
particular comment was defamatory before he closed down the webpage in
August 2011. Courtney J declined to strike out that part of the statement of claim
that pleaded that Mr Murray was a publisher of third party comments posted on
his Facebook webpage. Courtney J said:
A person who participates in or contributes to the publication of another person’s
defamatory statement is, prima facie, liable as a publisher, subject to the defence of
innocent dissemination. Distributors such as librarians and booksellers can avoid liability,
even though they are taken, prima facie, to have published the defamatory material
contained in the newspapers or books that they have distributed by showing that they
neither knew nor ought to have known that the published material contained defamatory
statements...

132
133

At [76], [77], [83] and [85].
[2013] NZHC 540, 3 NZLR 247.

 [2015] SASC 170

Blue J

59
This statement makes it clear that the absence of actual knowledge does not prevent a
person who, prima facie, publishes a defamatory statement from being liable; there must
also be no reason to think it likely that the material being published contained such a
statement. The issue in this case is how this general principle is to be applied to the host
of a Facebook page.
…
I consider that the noticeboard analogy is apt in considering publication via Facebook.
The host of a Facebook page has established what is, essentially, a noticeboard. It may be
a public “noticeboard”, on which anyone can post comments. It may also be a private
“noticeboard”, available to a specified group. In either case, the host has the power to
control content by deleting postings. The host also has the power to control those who
post on the site by blocking users. Those blocked may include potential plaintiffs,
affected by what is posted, but unable to see the offending content and complain.
Those who host Facebook pages or similar are not passive instruments or mere conduits
of content posted on their Facebook page. The will be regarded as publishers of postings
made by anonymous users in two circumstances. The first is if they know of the
defamatory statement and fail to remove it within a reasonable time in circumstances that
give rise to an inference that they are taking responsibility for it. A request by the person
affected is not necessary. The second is where they do not know of the defamatory
posting but ought, in the circumstances, to know that postings are being made that are
likely to be defamatory.134
201

In Murray v Wishart,135 the New Zealand Court of Appeal reversed
Courtney J’s conclusion insofar as her Honour held that a Facebook host will be
regarded as a publisher of postings by anonymous users if the host has
constructive knowledge, but affirmed her Honour’s conclusion where the host
has actual knowledge of the defamatory statement and fails to remove it within a
reasonable time of acquiring such knowledge. The Court considered that none of
the pre-internet categories – such as the newsvendor, graffiti, unauthorised
billposter and noticeboard cases – were applicable and the Court was not
constrained by precedent from approaching internet publication from first
principles.136 The Court identified five concerns about imposing liability on a
Facebook host for third party postings of which the host was unaware but ought
to have been aware. Regan P, Ellen France and French JJ concluded:
These concerns lead us to conclude that the actual knowledge test should be the only test
to determine whether a Facebook page host is a publisher. That is consistent with at least
some of the authorities to which we have referred and with the Law Commission’s
analysis. It conforms with the approach in Byrne v Deane, which is, we believe, the most
appropriate analogy and with the decision in Urbanchich v Drummoyne Municipal
Council. It makes the liability risk of a Facebook page host no greater than that of an
organiser of a public meeting – another appropriate analogy, in our view. It is consistent
with the right of freedom expression in the Bill of Rights, bearing in mind the

134

At [82], [83], [116], [117].
[2014] 3 NZLR 722.
136
At [99]-[136].
135

 Blue J

[2015] SASC 170

60
unavailability of the innocent dissemination defence. And it provides a situation where
liability for defamation is not imposed on the basis of negligence.137
202

In Niemela v Malamas,138 adverse reports about Mr Niemela were posted on
the Ripoff Report website. Searches on the Google generic website and Google
Canadian website resulted in search results containing snippets and hyperlinks to
those reports, which snippets were allegedly themselves defamatory. On an
application for an interlocutory injunction, the issue was whether Google Inc was
liable for the snippets before notification of their content. Fenlon J held that it
was not. Fenlon J said:
Using the traditional approach to publication, Google’s lack of awareness of the content
of the words it repeated on a search page snippet would not prevent it from being a
publisher, although it would likely be able to avail itself of the defence of innocent
dissemination after the prima facie test for defamation had been made out.
As I have noted, however, the tenor of Crookes and of recent jurisprudence in England is
to narrow the test for who is a publisher of defamatory material to those who do
deliberate acts. In Canada this shift originates in the Supreme Court of Canada’s
recognition post-Charter “that what is at stake in an action for defamation is not only an
individual’s interest in protecting his or her reputation, but also the public’s interest in
protecting freedom of expression”: Crookes at para. 31, citing Hill v. Scientology.
It is worth noting at this point that the English approach requiring a deliberate act to
establish publication (the passive instrument test) is related to, but distinct from, the
defence of innocent dissemination which is a well-settled principle in Canadian
defamation law.
…
In substance, the passive instrument test appears to have requirements very similar to the
defence of innocent dissemination. However, it shifts the burden of proof from the
defendant to the plaintiff. Where innocent dissemination is pleaded, the defendant bears
the burden of showing that it had no actual knowledge of an alleged libel, was aware of
no circumstances to put it on notice to suspect a libel, and committed no negligence in
failing to find out about the libel.
On the other hand, if the passive instrument test is applied the plaintiff bears the burden
of showing that the defendant was not a mere passive instrument because at the initial
prima facie stage the plaintiff must prove the third element of publication.
…
Added to the sheer volume of material is the obvious difficulty of developing
programming to detect and screen out defamatory words. It is apparent that a search
engine could not simply be programmed to block every site containing, for example, the
words “scam artist” or “steals” without blocking millions of pages of non-defamatory
content.

137
138

At [144]. (Citations omitted)
[2015] BCSC 1024.

 [2015] SASC 170

Blue J

61
Google programs its search algorithm so that it locates URLs likely to relate to a user’s
search query. It is not aware of the snippets and hyperlinks produced, nor can it be,
realistically. In the words of Eady J. in Metropolitan, Google does not authorize the
appearance of the snippets on the user’s screen “in any meaningful sense” but “has
merely, by the provision of its search service, played the role of a facilitator”: at para. 51.
In summary on this issue, I conclude that Google is a passive instrument and not a
publisher of snippets. There is accordingly no issue for trial in relation to defamation.
I emphasize that I have not been asked in this case to consider whether Google could be a
publisher of snippets and search results after notice of defamatory content. In the present
case, Mr. Niemela initially raised this issue in his notice of application but abandoned the
argument when Google voluntarily blocked the URLs that produced the offending
snippets. Accordingly, the issue does not arise on the facts of this case.139

Subject matter in this case
Paragraphs
203

The first issue that arises is whether the paragraphs (title, snippet and URL)
displayed by the Google websites to users in response to searches for Dr Duffy’s
name were published by Google. I take as an exemplar for this purpose the first
paragraph extracted at [11] above, namely:
R1

Ripoff Report Janice Duffy – Psychic Stalker Psychics Beware Of…
Dr Janice Duffy is truly an embarrassment to her profession as a Senior Researcher
in Adelaide Australia #2 Consumer Comment. Respond to this report…
www.ripoffreport.com/...Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached

204

Google was the sole operator and controller of the Google website. The
paragraphs resided on Google’s website. The paragraphs were communicated by
Google to the user conducting a search. Google played a critical role in
communicating the paragraphs to the user. The physical element of publication is
present. Google did not play the passive role of a mere conduit such as an
internet service provider who merely provides access to the internet or a
telecommunications carrier who merely provides access to the telephone
network. Google played an active role in generating the paragraphs and
communicating them to the user. The mere fact that the words are programmed
to be generated because they appear on third party webpages makes no difference
to the physical element. It makes no difference to the physical element whether a
person directly composes the words in question or programs a machine which
does so as a result of the program. I agree with the analysis of Beach J in Trkulja
v Google Inc LLC (No 5)140 in this respect.

205

As to the mental element, Google intended to publish the paragraphs to the
user. In addition, because Google was not a primary publisher, it is necessary that
Google knew or ought to have known of the existence of the paragraphs. Google
139
140

At [94]-[96], [99]-[100], [105]-[108].
[2012] VSC 533.

 Blue J

[2015] SASC 170

62
had no such knowledge before Dr Duffy’s notifications in or in some cases after
September 2009 and cannot be regarded as a publisher of the paragraphs before
that time. However, if Google acquired knowledge of the paragraphs by reason
of Dr Duffy’s notifications and failed to remove them within a reasonable time
thereafter,141 the necessary mental element will be present.
206

The mere fact that the paragraphs were generated automatically by
Google’s software programs does not prevent Google being a publisher of them
after notification by Dr Duffy. If Google personnel were made aware of the
existence of the paragraphs generated by Google’s own software programs and
failed to remove them, their continuing existence thereafter was the direct result
of human action or inaction rather than merely the result of machine operation.

207

Approaching the question from first principles, Google was a secondary
publisher of the paragraphs after notification and lapse of a reasonable time to
allow for their removal (if that occurred).

208

There is authority which supports this conclusion. In Trkulja v Google Inc
LLC (No 5),142 Beach J held that it was open to the jury to conclude that Google
published the paragraphs in that case after notification. While this was a ruling
on a non-obstante application, there were no evidentiary or factual issues for the
jury to decide and the ruling that the conclusion was open to the jury was
tantamount to a decision that Google published the paragraphs.

209

There is no case in which it has been held that a search engine operator does
not publish such paragraphs after the operator has been notified of them and
failed to remove them within a reasonable time. In Metropolitan International
Schools Ltd (trading as SkillsTrain and/or Train2Game) v Designtechnica Corp
(trading as Digital Trends) and others,143 Eady J held that Google was not a
publisher of such paragraphs before notification or while taking reasonable steps
to remove them after notification. Eady J did not go so far as to hold that Google
could not be a publisher if it refused to remove them after notification.
McCallum J in Bleyer v Google Inc LLC144 and Fenlon J in Niemela v Malamas145
each held that Google was not a publisher of such paragraphs before notification
but explicitly said that the same conclusion did not necessarily apply after
notification. The reasoning of Fenlon J strongly suggests that her Honour would
have concluded that Google was a publisher of such paragraphs after notification.
In particular, Fenlon J considered that the only real difference between the
innocent dissemination test and the passive instrument test involves the burden of
proof.

141
142
143
144
145

This involves a factual issue which I address below.
[2012] VSC 533.
[2010] 3 All ER 548.
[2014] NSWSC 897.
[2015] BCSC 1024.

 [2015] SASC 170

Blue J

63
210

Subject to considering Google’s submission that the authorities on website
forum hosts dictate a contrary result, I conclude that Google was a publisher of
the paragraphs relating to Dr Duffy if and to the extent that Google failed to
remove them after a reasonable time elapsed after effective notification by
Dr Duffy.
Website forum hosts

211

Google contends that both principle and authority support the proposition
that website forum hosts are not publishers of postings on their websites by third
parties even after notification and non-removal, and that the position is similar or
a fortiori in respect of paragraphs generated by search engines.

212

Website forum hosts operate websites that invite users to post articles and
comments. They are analogous to notice boards in shops where the shop owner
invites users to post notices and comments. As a matter of principle, such website
forum hosts and shop owners are secondary publishers and liable for defamatory
postings if they know of their content and do not remove them. I agree with the
analysis of the Hong Kong Court of Final Appeal in Oriental Press Group
Limited v Fevaworks Solutions Ltd in this respect.146

213

The weight of authority supports this approach. This approach was taken by
Morland J in Godfrey v Demon internet Ltd,147 the English Court of Appeal in
Tamiz v Google Inc,148 the Hong Kong Court of Final Appeal in Oriental Press
Group Limited v Fevaworks Solutions Ltd149 and the New Zealand Court of
Appeal in Murray v Wishart.150 In the last mentioned case, the New Zealand
Court of Appeal held that actual and not merely constructive knowledge was
required but nevertheless held that the host was a publisher after acquiring such
knowledge and failing to remove the material.
Hyperlinked material

214

The second issue that arises is whether the content of the external webpages
was republished by Google when users clicked on hyperlinks displayed by the
Google website when conducting searches for Dr Duffy’s name. Dr Duffy only
pleads such publication in respect of the six Ripoff Report reports. I take as an
exemplar for this purpose the first hyperlink extracted at [11] above in the
context of the paragraph as a whole, namely:
R1

146

Ripoff Report Janice Duffy – Psychic Stalker Psychics Beware Of…
Dr Janice Duffy is truly an embarrassment to her profession as a Senior Researcher
in Adelaide Australia #2 Consumer Comment. Respond to this report…
www.ripoffreport.com/...Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached

(2013) 16 HKCFAR 366. See [197196] above.
[2001] QB 201.
148
[2013] 1 WLR 2151.
149
(2013) 16 HKCFAR 366, 253.
150
[2014] 3 NZLR 722.
147

 Blue J

[2015] SASC 170

64
215

Mr Madden Woods gave evidence that, by clicking on the title displayed at
the beginning of the paragraph, the user is taken to the webpage to which the
URL relates (albeit the URL displayed may be elided) and the title therefore
functions as a hyperlink to the external webpage.

216

Dr Duffy gave evidence that was not challenged that, by clicking on the
word “cached” on the last line where the URL is displayed, 151 the user is taken to
a copy maintained by Google as a cached copy of the external webpage and it
therefore functions as a hyperlink to Google’s own cached copy of the webpage.

217

Google follows a general practice of eliding the display of the name of the
URL returned on a search when the length of the URL exceeds the screen width.
Despite the eliding of the words displayed, the title or the URL line (as the case
may be) functions as a hyperlink in the same manner as if all the words were
displayed. By reason of the correspondence between the elided version in the
snippet and the full version in the Ripoff Report webpage, the correspondence
between the text in the paragraph extracted at [214] above and the text in the
Ripoff Report webpage extracted at [83] above and Dr Duffy’s evidence about
searches undertaken by her, I find that the elided URL in the paragraph extracted
at [214] above relates to the Ripoff Report webpage with the full URL
“http:/www.Psychic/Janice-Duffy-Psychic/janice-duffy-psychic-stalker98d93.htm”. I make corresponding findings in respect of the other paragraphs
numbered R2 to R4 above.

218

219

If a search of Dr Duffy’s name had merely returned the URL of the first
Ripoff Report webpage without functioning as a hyperlink and without
accompanying text, it could not be said that Google was a publisher of the
content of that material. To access the first Ripoff Report webpage, the user
would need to enter the URL into the address box of the internet browser.
Google’s conduct in such a case would be analogous to that of a library catalogue
that lists details of an allegedly defamatory book and external libraries at which
the book can be found. It would be analogous to the author of an article including
an allegedly defamatory book in the bibliography section without comment.
If a search of Dr Duffy’s name had returned the URL of the first Ripoff
Report webpage functioning as a hyperlink to an external webpage but without
accompanying text, the position would be more complex. By providing the
hyperlink, Google’s software plays an essential role in the delivery of the content
of the webpage to the user upon request. On the one hand, it might be argued that
Google is analogous to a newsagent who upon request delivers a free newspaper
or to a pamphlet distributor at the street corner both of whom are conventionally
regarded as secondary publishers, and that Google is a secondary publisher if it
failed to remove the paragraph incorporating the hyperlink after a reasonable
time elapsed after effective notification by Dr Duffy. On the other hand, it might
151

As noted above, since July 2011 the URL has been displayed at the beginning of the paragraph just
below the title.

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65
be argued that there is insufficient material difference between this situation and
the situation referred to in the previous paragraph in which Google is not a
publisher. It is not necessary to decide that question in this case.
220

Similarly, it is not necessary to decide the question if a search of Dr Duffy’s
name had returned the URL of the first Ripoff Report webpage functioning as a
hyperlink to Google’s own cached copy of the webpage to the user but there
were no accompanying text. In this case, it is difficult to see as a matter of
principle why Google would not be liable in the same manner as a person who
photocopies a defamatory page and hands it to a third party.

221

In the case of the URL contained in the paragraph extracted at [214] above,
it is necessary to have regard to the text of the title and the snippet in conjunction
with the fact that the title functions also as a hyperlink. The text and the
hyperlink comprise an integrated whole. The text says that Dr Duffy is a stalker
of psychics of whom psychics should beware and offers by clicking on the title
on the Google webpage to deliver to the user the Ripoff Report webpage that
provides more detail. The user does not need to enter the URL into the user’s
web browser; the Google website is programmed automatically to cause the
browser to display the Ripoff Report webpage by clicking on the hyperlink. In
these circumstances, Google is a secondary publisher of the Ripoff Report
webpage if and to the extent that Google failed to remove the paragraph
incorporating the hyperlink after a reasonable time elapsed after effective
notification by Dr Duffy.

222

This conclusion is supported by the judgment of Beach J in Trkulja v
Google Inc LLC (No 5),152 in which his Honour held that it was open to the jury to
conclude that Google was a publisher of the snippets and hyperlink alike, treating
the two as an integrated whole.

223

In Crookes v Wikimedia Foundation Inc,153 the Supreme Court of Canada
considered that it was critical to take into account the text comprising or
surrounding a hyperlink to determine whether the operator of the website upon
which the hyperlink resided was a publisher of the material contained on the
external webpage to which the hyperlink led. The Court held that merely creating
a hyperlink without more did not amount to publication of the material on the
external webpage. The Court held that the position might be different if some
text from the external webpage were reproduced. Abella J (with whom Binnie,
LeBel, Charron, Rothstein and Cromwell JJ agreed) gave as an example:
This might be found to occur, for example, where a person places a reference in a text
that repeats defamatory content from a secondary source.154

152

[2012] VSC 533.
(2011) 337 DLR (4th) 1.
154
At [40].
153

 Blue J

[2015] SASC 170

66
Paragraphs combining text and hyperlinks
224

Dr Duffy pleads publication by Google of the material contained in external
webpages in respect of the six Ripoff Report webpages. However, Dr Duffy does
not plead publication of any paragraphs on the Google websites that contain
hyperlinks to the fifth or sixth Ripoff Report webpages and her case in respect of
those two webpages must fail.

225

The paragraphs of which Dr Duffy complains comprise words and
hyperlinks that function as an integrated whole.

226

In the case of the exemplar extracted at [214] above, the title “Janice Duffy
– Psychic Stalker Psychics Beware Of”, the text stating that Dr Duffy is an
embarrassment to her profession and provision of a hyperlink to a webpage
entitled “…janice duffy psychic stalker…” naturally invite the reader to click on
the hyperlink for elaboration. The reader may be expected to know that the
original author of the words contained in the snippets and the referenced
webpage is someone other than and independent of Google. This reinforces the
interconnectedness between the text of the snippets and the referenced webpage.

227

The text of the title and snippets of the paragraph R2155 stating that Dr Duffy
is an Australian psychic stalker who should be stopped naturally invite the reader
to click on the hyperlink for explanation and elaboration of those statements.

228

The text of the title and snippets of the paragraph R3156 stating that Dr Duffy
is a psychic stalker from the Respiratory Function Unit Repatriation General
Hospital naturally invite the reader to click on the hyperlink for explanation and
elaboration of those statements.

229

The text of the snippet of the paragraph R4157 stating that Dr Duffy is an
Australian psychic stalker who should be stopped and who continues to stalk
Kasamba psychics naturally invites the reader to click on the hyperlink for
explanation and elaboration of those statements.

230

By publishing the relevant paragraphs, Google played a critical role in
communicating the material on the external webpage to the user and was a
secondary publisher of the hyperlinked Ripoff Report webpages containing the
first to fourth Ripoff Report reports if Google failed to remove the paragraphs
incorporating the hyperlink after a reasonable time elapsed after effective
notification by Dr Duffy.

231

For the sake of completeness, I note that Dr Duffy pleads that Google also
published the hyperlinked Ripoff Report webpages when web users hovered their
mouse over the hyperlink which resulted in Google’s website displaying a
155
156
157

See [11]-[12] above.
See [11]-[12] above.
See [13] above.

 [2015] SASC 170

Blue J

67
preview of the webpage the subject of that hyperlink. If this occurred, it would be
another means of Google participating in the communication of the material on
the external webpage to the user and Google would be a secondary publisher of
the hyperlinked Ripoff Report webpages if it failed to remove the paragraphs
incorporating the hyperlink after a reasonable time elapsed after effective
notification by Dr Duffy. However, Dr Duffy did not adduce sufficient evidence
to prove the display of legible material from the Ripoff Report webpages by the
preview function. The copy of a search containing previewed material tendered
by Dr Duffy is not of sufficient quality to ascertain the precise content of the
previewed material or that it was legible to a reader.
Autocomplete and Related Search Terms
232

233

234

The third issue that arises is whether the generation by the Google websites
of the words “janice duffy psychic stalker” when a user entered the search term
“Janice Duffy” was a publication by Google after notification and failure by
Google to remove it within a reasonable time thereafter. On the issue of
publication, there is no material difference between the Autocomplete utility and
the Related Search utility. The parties do not distinguish between them in their
submissions.
The words “janice duffy psychic stalker” are generated by Google’s
programs as a result of Google’s programming. The mere fact that the words are
programmed to be generated because the user or others have previously searched
for those words makes no difference to the physical element. The mental element
will be present if Google failed to remove the words within a reasonable time
after notification.
The only authority on whether a search engine operator publishes words
created by the Autocomplete and Related Search utilities is Dr Yeung Sau Shing
Albert v Google Inc.158 In that case, Deputy Judge Marlene Ng held that there was
a good arguable case that an operator whose search engine generates objectively
defamatory materials by its automated processes is a “publisher” and that Google
was more than a passive facilitator vis-à-vis its Autocomplete and Related Search
utilities.
The secondary publisher doctrine

235

Dr Duffy does not claim against Google for publication of material before
September 2009 when she gave what she contends was effective notification of
the allegedly defamatory matter to Google and requested its removal.

236

The fact that a search engine operator or website forum host is only a
secondary publisher is now well established by Godfrey v Demon internet Ltd,159

158
159

[2014] 4 HKLRD 493.
[2001] QB 201.

 Blue J

[2015] SASC 170

68
Tamiz v Google Inc,160 Trkulja v Google Inc LLC (No 5),161 Oriental Press Group
Limited v Fevaworks Solutions Ltd162 and Murray v Wishart.163
237

Under the secondary publisher doctrine, a secondary participant is not liable
for a publication if he or she did not know, and could not with the exercise of
reasonable diligence have known, of the defamatory matter. The onus of proof
lies on the secondary publisher to prove no actual or constructive knowledge of
the defamatory matter.
September 2009

238

239

240

241

Mr Madden-Woods gave evidence that Google maintains a removals list
that lists all URLs that Google’s legal team has decided are to be removed from
search results returned for a particular country code domain of the Google Search
Engine. If a URL appears on the removals list, the URL is removed from the list
of possible results that can be returned upon a search by a user on that country
code domain. This has the consequence that all snippets and hyperlinks referring
to the URL are effectively removed from the search results. Google’s attention is
directed to the URL of the external webpage rather than to the consequential
snippets and hyperlinks that would otherwise refer to the external webpage.
Dr Duffy’s 8 September 2009 email to Google identified the full URL for
the first to fourth Ripoff Report webpages, copied and pasted the initial report for
each and claimed that each was defamatory of her. It also identified the full URL
for the first and second Complaints Board webpages, copied and pasted the
webpages and claimed that each was defamatory of her. Google personnel
thereby became aware of the existence and content of the material in those six
webpages that was allegedly defamatory of Dr Duffy.
I find that Dr Duffy’s email comprised adequate notification to Google of
that allegedly defamatory material. This notification encompassed all snippets
that might be generated from and hyperlinks to those six webpages because
Google’s consideration of removals and actual removals operate at the level of
the URL of the external webpage rather than at the level of the snippets and
hyperlinks that would otherwise refer to the external webpage.
Dr Duffy’s 22 September 2009 email to Google reiterated her request for
removal of snippets from and links to the same six webpages. In addition, she
identified URLs of, quoted allegedly defamatory passages from and requested the
removal of snippets from and links to, the following webpages:
R7

160

217.17.158.39/reports/0/295/RipOff0295712.htm

[2013] 1 WLR 2151.
[2012] VSC 533.
162
(2013) 16 HKCFAR 366.
163
[2014] NZLR 722.
161

 [2015] SASC 170

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69
C3

www.complaintsboard.com/…/janice-duffy-psychic-stalker-psychic-beware-ofAustralian-psychic-stalker-a55920.html

C4

www.complaintsboard.com/suspicious-companies/page/8

P1

www.123people.com/s/janice+duffy

M2

www.isthisyour.name.com/janice_duffy.htm

242

I find that this comprised adequate notification in respect of all snippets that
might be generated from and hyperlinks to those five webpages.

243

Google in its defence pleads that no removal action is possible when an
incomplete URL is supplied. The only evidence adduced by Google relevant to
this plea was a generic statement by Mr Madden-Woods in his statement of
evidence that in his experience it is only possible to remove a webpage from
search results if Google is provided with its exact URL. Mr Madden-Woods did
not give evidence that it was not possible or practical for Google to ascertain the
complete URL of the Complaints Board webpage being item C3 in the previous
paragraph based on Dr Duffy’s notification.164 Google in its closing address does
not make a submission that the information provided by Dr Duffy was
insufficient to allow removal in respect of this or any other webpage.

244

Dr Duffy had provided the complete URLs for three other Complaints
Board webpages (C1 to C3) each of which contained the generic prefix
“www.complaintsboard.com/suspicious-companies/” before the specific suffix
designating a specific web page. It would have been elementary for Google to
have
ascertained
that
the
complete
URL
was
“www.complaintsboard.com/suspicious-companies/janice-duffy-psychic-stalkerpsychic-beware-of-Australian-psychic-stalker-a55920.html.” The partial URL
quoted by Dr Duffy in her email was the version displayed by Google itself in its
search results. In any event, if Google had been unable to ascertain the complete
URL, in order to exercise reasonable care as required by the secondary publisher
doctrine, it was incumbent on Google to ask Dr Duffy to provide the complete
URL and Google failed to do so. It is evident that the reason Google did not add
the URL to its removals list was not because Dr Duffy provided a partial URL
but because Google made a decision not to do so in respect of any URL provided
by Dr Duffy.

245

Google did not become a secondary publisher until a reasonable time
elapsed for it to add the relevant URLs to its removals list. Google did not lead
evidence how long was required if it had decided to so act. Google responded to
Dr Duffy on 7 October 2009 saying that it would not remove any URLs. I find
that a reasonable time for removal of references to the 11 webpages the subject
of the 8 and 22 September 2009 notifications elapsed by 7 October 2009.
164

Mr Madden-Woods did not give such evidence about any partial notification by Dr Duffy. His
evidence was confined to the level of generality.

 Blue J

[2015] SASC 170

70
246

On 7 March 2011, Google removed from the Google Australian website
snippets from and links to the first four Ripoff Report webpages. Although the
substantive content of some of those webpages was still accessible thereafter via
different URLs, Dr Duffy either is not suing in respect of those URLs or did not
prove notification to Google in respect of those URLs and hence Google is not
liable as a publisher on the Google Australian website in respect of the first to
fourth ROR reports after 7 March 2011.165

247

Google was a secondary publisher of paragraphs in respect of the first to
fourth Ripoff Report webpages and of those webpages themselves between 7
October 2009 and 7 March 2011 on the Google Australian website. Google was a
secondary publisher of text and hyperlinks in respect of the other seven
webpages the subject of Dr Duffy’s notifications after 7 October 2009.
July 2010

248

Dr Duffy’s 12 July 2010 concerns notice reiterated her request for removal
of snippets from and links to the same 11 webpages the subject of her September
requests. In addition, she identified URLs of, quoted allegedly defamatory
passages from and requested the removal of snippets from and links to, the
following webpages:
R7

www.ripoffreport.com/…/liveperson-kasamba-unethical-c-wa8da.htm

P2

www.123people.com/s/janice+person

M3

Kasamba.pissedconsumer.com/stop-kasamba-liveperson…/1.html

249

I find that this comprised adequate notification in respect of all snippets that
might be generated from and hyperlinks to those three webpages. I find that a
reasonable time for removal of references to these three webpages elapsed by 12
August 2010. Google was a secondary publisher of text and hyperlinks in respect
of those three webpages after 12 August 2010.

250

Two of the URLs provided were elided. However, Google could easily have
ascertained the complete URL by conducting a search on its own website for Dr
Duffy’s name and clicking on the hyperlinks produced or by visiting the external
websites.

251

Dr Duffy did not prove notification to Google in respect of the Ripoff
Report webpage item R8 or the Wiki Name webpage item M1 at [11] and [13]
respectively above. She therefore failed to prove publication by Google in
respect of any snippets from or links to those webpages.

165

Google continued to be a publisher on the Google generic website but for reasons that appear below
Dr Duffy failed to prove the existence of any publishees in Australia in respect of that website.

 [2015] SASC 170

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71
July 2011
252

Dr Duffy’s solicitors notified Google on 15 July 2011 of the Autocomplete
term “janice duffy psychic stalker”. Google did not respond. Google did not
adduce any evidence about how long was needed to remove this Autocomplete
term if it had decided to do so. I find that a reasonable time elapsed by 15 August
2012. Google was a secondary publisher of the Autocomplete term “janice duffy
psychic stalker” after 15 August 2011.

253

Dr Duffy did not adduce evidence of any notification to Google about the
Related Search term “janice duffy psychic stalker” or request that it be removed.
She therefore failed to prove publication by Google in respect of it.

254

It is not necessary that Google knew or ought to have known of the
imputations arising from the passages to which Dr Duffy drew attention in her
September 2009, July 2010 and July 2011 notifications or that they were
defamatory or that they concerned Dr Duffy. In any event, to the extent that those
passages gave rise to imputations defamatory of Dr Duffy, that fact is selfevident from the passages themselves.

255

For the sake of completeness, even if actual knowledge of the relevant
passages were required as held by the New Zealand Court of Appeal in Murray v
Wishart,166 that requirement would be satisfied for those passages in respect of
which I have held that Google was a secondary publisher.

256

Google did not lead any specific evidence concerning the state of mind of
its personnel or otherwise specifically addressing its knowledge of the existence
of the passages that Dr Duffy alleges it published or, apart from Mr MaddenWoods’ generic evidence, that it could not reasonably have added the webpages
in question to its removals list upon notification. Google in its closing address
does not make any submissions about the matters I have addressed above.
Knowledge of falsity

257

258

The only contention put by Google in its closing address in relation to the
innocent dissemination doctrine is that it is necessary that Google knew or ought
to have known that the relevant passages were actionable or otherwise unlawful
as defamation, ie knew or ought to have known that all of the ingredients of the
cause of action were present and all defences negated. Google contends in
particular that the innocent dissemination defence applies unless it knew or ought
to have known that the defamatory passages were false.
I reject Google’s contention. It is contrary to the underlying rationale for the
innocent dissemination doctrine being that a secondary participant ought not to
be liable for material of which the participant is reasonably unaware 167 and to the
166
167

[2014] 3 NZLR 722
See [171] ff above.

 Blue J

[2015] SASC 170

72
clearly established principle that the test for justification is purely objective and
independent of the defendant’s knowledge or belief of the truth or falsity of the
relevant imputations.168
259

In Goldsmith v Sperrings Limited,169 newsagents who had distributed
editions of Private Eye containing allegedly defamatory articles failed at first
instance in their application for a stay on the ground of abuse of process being
ulterior motive. The appeal to the English Court of Appeal on this ground was
dismissed (Lord Denning MR dissenting). The plaintiff did not plead that the
newsagents knew or ought to have known of the existence of the allegedly
defamatory articles and the newsagents did not contend at first instance or on
appeal that a cause of action was therefore not disclosed against them. Despite its
not having been argued and not being determinative of the appeal, Lord Denning
MR made the following obiter observation:
Common sense and fairness require that no subordinate distributor – from top to bottom –
should be held liable for a libel contained in it unless he knew or ought to have known
that the newspaper or periodical contained a libel on the plaintiff himself; that is to say,
that it contained a libel on the plaintiff which could not be justified or excused: and I
should have thought that it was for the plaintiff to prove this.170

260

Lord Denning MR did not cite any cases in which it had been held that
under the innocent dissemination doctrine the onus of proof lies on the plaintiff
or that a secondary participant is not liable in defamation unless she or he knows
that the defamatory imputation is false. Lord Denning MR merely cited three
cases in which secondary participants were found liable when they knew or
ought to have known of the existence of the defamatory passage and two cases in
which secondary participants were found not liable when they did not know or
ought to have known of the existence of the defamatory passage.

261

Bridge LJ (with whom Scarman LJ agreed) formulated the innocent
dissemination doctrine in conventional terms contrary to the opinion expressed
by Lord Denning MR as follows:
…any disseminator of defamatory matter is liable to the party to be defamed, subject to
the defence of innocent dissemination. To establish this it is for him to show that he did
not in fact know that the publication contained defamatory matter and that he had no
reason to believe that it was likely to contain defamatory matter.171

262

In Metropolitan International Schools Ltd v Designtechnica Corp and
others,172 Eady J declined to follow Lord Denning MR’s approach and rightly
observed that it would throw up more problems than it was likely to solve. The
168

National Assembly for Wales v Condron [2006] EWCA Civ 1573 at [50] per Richards LJ (with whom
Wall and Ward LJJ agreed).
169
[1977] 1 WLR 478 ([1977] 2 All ER 566).
170
At 487F.
171
At 505B. (Citations omitted).
172
[2010] 3 All ER 548.

 [2015] SASC 170

Blue J

73
approach of Lord Denning MR is in any event inconsistent with the formulation
of the innocent dissemination doctrine by the High Court.
Publication: the publishee
263

Dr Duffy’s case is that Google published the allegedly defamatory material
to Therese Palumbo and Milorad Trkulja and in addition it should be inferred that
it was published to various persons unknown.
Therese Palumbo
June 2010

264

265

266

267

Therese Palumbo cut Dr Duffy’s hair on 25 June 2010. Ms Palumbo told
Dr Duffy that she was concerned about lung cancer and wanted to stop smoking.
Dr Duffy suggested that Ms Palumbo search the internet for articles co-authored
by Dr Duffy on those topics. That evening, Ms Palumbo searched for Dr Duffy’s
name to find the articles. She used the Google Australian website to carry out
that search and subsequent searches. In those days she always used Google as her
search engine, never used Yahoo! and only recently (as at June 2015) started
using Bing. She always used www.google.com.au.
Ms Palumbo gave evidence that she typed the name “Janice Duffy” into the
Google search box and was “pretty sure” that she did not include the title “Dr” at
the beginning of the name. The Google search engine produced a page of search
results several of which contained statements referring to Dr Duffy being an
“Australian psychic stalker” and stalking psychics. Most of those search results
originated from a website entitled “Ripoff …” but some were from other
websites. She clicked on a couple of hyperlinks that took her to pages on the
Ripoff Report website that she read and that said that Dr Duffy was a psychic
stalker and “several other bits of defamation”. She was shocked to read those
statements.
I accept Ms Palumbo’s evidence summarised in the previous paragraphs. I
find that she entered the words “Janice Duffy” simpliciter into the search box on
the Google Australian website. I find that this generated multiple search results
referring to Dr Duffy being an “Australian psychic stalker” and stalker of
psychics with hyperlinks to the Ripoff Report website. I find that Ms Palumbo
followed the hyperlinks to two of the Ripoff Report webpages. I find that
Ms Palumbo also saw search results with hyperlinks to other websites referring
to Dr Duffy being a psychic stalker.
I find that Ms Palumbo read paragraphs relating to the first and second
Ripoff Report webpages. The paragraphs relating to the first and second Ripoff
Report webpages referred to Dr Duffy as an “Australian psychic stalker” or a
“psychic stalker” from Australia. Ms Palumbo saw paragraphs linked to the
Ripoff Report website that so described Dr Duffy. Ms Palumbo saw more than
one paragraph linked to more than one Ripoff Report report. Searches undertaken

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by Dr Duffy for “Janice Duffy” between January 2010 and October 2010
tendered in evidence showed paragraphs relating to these Ripoff Report
webpages consistently towards the top of the search results. By way of
elimination, paragraphs relating to the fourth to sixth Ripoff Report webpages
did not appear in any of those search results and a paragraph relating to the third
Ripoff Report webpage appeared only on the sixth page of one search.
268

On the basis of the searches tendered and Ms Palumbo’s evidence, I find
that the paragraph Ms Palumbo saw relating to the second Ripoff Report report
was as follows:
Rip-off Report Dr Janice M Duffy
Dr Janice Duffy Stop the Australian Psychic Stalker Dr. Janice M Duffy Adelaide
South Australia Adelaide South Australia
www.ripoffreport.com/…/Dr-Janice-Duffy/dr-janice-duffy-stop-the-austdeb8p.htm Cached

269

There were two different versions of paragraphs relating to the first Ripoff
Report report on the searches tendered173 but they both had in common the
following words:
Janice Duffy – Psychic Stalker Psychics Beware Of…
Psychics beware of psychic stalker Janice Duffy…
www.ripoffreport.com/...Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached

270

I find that Ms Palumbo followed the hyperlinks to the first and second
Ripoff Report webpages.

271

It is possible that Ms Palumbo also saw paragraphs relating to the first,
second and/or third Complaints Board webpages. However, I am not satisfied of
this on the balance of probabilities.
Late 2010

272

273

Ms Palumbo gave evidence that a few months after June 2010 she carried
out another search of Dr Duffy’s name using the Google Australian website and
this time typed in “Dr Janice Duffy”. She saw search results that included
paragraphs referring to Dr Duffy being an “Australian psychic stalker” and
stalking psychics, most of which were linked to the “Ripoff” website, in
essentially the same terms as the June 2010 search.
I accept Ms Palumbo’s evidence summarised in the previous paragraph.174 I
find that she entered the words “Dr Janice Duffy” into the search box on the
Google Australian website. I find that this generated multiple search results
173
174

See R1A and R1B at [12] above.
Ms Palumbo’s written statement of evidence did not address this search but she gave evidence of it in
oral evidence in chief. I accept her evidence notwithstanding that it is not referred in her written
statement of evidence.

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75
referring to Dr Duffy being an “Australian psychic stalker” and stalker of
psychics with hyperlinks to the Ripoff Report website. I find that these were to
the first and second Ripoff Report reports for essentially the same reasons as in
respect of the June 2010 search.
274

On the basis of the searches tendered and Ms Palumbo’s evidence, I find
that the paragraphs Ms Palumbo saw relating to the first and second Ripoff
Report reports were as follows:
Janice Duffy – Psychic Stalker! Psychics Beware Of…
Dr Janice Duffy is truly an embarrassment to her profession as a Senior Researcher
…
www.ripoffreport.com/...Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached
Rip-off Report Dr Janice Duffy …
Dr Janice Duffy Stop the Australian Psychic Stalker Dr. Janice Duffy!! Adelaide
South Australia Adelaide South Australia
www.ripoffreport.com/…/Dr-Janice-Duffy/dr-janice-duffy-stop-the-austdeb8p.htm Cached

275

It is possible that Ms Palumbo also saw paragraphs relating to the first
and/or second Complaints Board, the first 123 People and/or the Is This Your
Name webpage. However, I am not satisfied of this on the balance of
probabilities.
2012

276

Ms Palumbo gave evidence that in 2012 she carried out a search for
“Dr Janice Duffy” using the Google Australian website and saw search results
referring to Dr Duffy being a psychic stalker. I accept this evidence. However, by
this time Google had removed from the Google Australian website references to
the six Ripoff Report webpages. While searches by Dr Duffy tendered in
evidence prove that there were other Ripoff Report references to Dr Duffy being
a psychic stalker in Google search results in 2012, these were derived from
Ripoff Report webpages in respect of which Dr Duffy is not suing or has not
proved notification to Google. While searches by Dr Duffy tendered in evidence
prove that there were non-Ripoff Report references to Dr Duffy being a psychic
stalker in Google search results in 2012, I am not satisfied that Ms Palumbo saw
one of these in 2012.

277

I find that Ms Palumbo chose to undertake the search in 2012 of her own
volition and was not asked to do so by Dr Duffy, although what led her to
undertake the search was a conversation with Dr Duffy during which Dr Duffy
said that the Google search engine still loaded search results containing
derogatory comments about her.

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2015
278

Ms Palumbo gave evidence that in about April 2015 she carried out another
search for “Dr Janice Duffy” using the Google Australian website and typed in
the name “Dr Janice Duffy”. However, for similar reasons to her search in 2012,
I am not satisfied that in 2015 Ms Palumbo saw a paragraph for which Dr Duffy
is suing and in respect of which she had notified Google.
Autocomplete

279

Ms Palumbo gave evidence that during one of her searches she noticed that
Google’s Autocomplete function generated as an alternative search term the
words “janice duffy psychic stalker”. This occurred during the second search
(late 2010) or third search (2012) but it was more likely that it was the third
search. I accept Ms Palumbo’s evidence in this respect and find that this occurred
during the 2012 search. This is corroborated by Dr Duffy’s evidence that she did
not see the alternative search term “Janice Duffy psychic stalker” before June
2011 and copy searches by Dr Duffy in 2010 and early 2011 showing
Autocomplete alternatives that do not include “janice duffy psychic stalker”.

280

Ms Palumbo gave evidence that during her 2015 search she again noticed
that Google’s Autocomplete function generated the alternative search term
“janice duffy psychic stalker”. However, Dr Duffy makes no claim in relation to
the Autocomplete function after January 2014.

281

282

Google contends that “publication” must be to a person other than someone
“in the plaintiff’s camp” and must be to a person who has given the imputations a
measure of credence rather than merely to a person such as a friend or colleague
who has viewed the material at the plaintiff’s request and not attached any weight
to it. Google does not contend that Ms Palumbo fell within the plaintiff’s camp
for this purpose when she undertook the 2010 searches but contends that she did
so when she undertook the 2012 and 2015 searches. The only search in respect of
which this is a live issue is the 2012 search producing the Autocomplete
alternative search term “janice duffy psychic stalker”.
I reject Google’s contention. It is well established that publication is
complete and the cause of action in defamation is good even if the publishee does
not believe the imputation or give it any credence.175 Google’s proposition of law
summarised in the previous paragraph was rejected by the English Court of
Appeal in Dow Jones & Co Inc v Jameel.176 The doctrine developed and applied
by the Court of Appeal in that case, namely that it may be an abuse of process to
sue for defamation when the publication has been minimal and caused no
significant damage to the claimant's reputation such that the expense of an action
175

176

Duke of Brunswick v Harmer (1849) 14 QB 185 at 189 per Coleridge J; Hough v London Express
[1940] 2 KB 507 at 515 per Lord Goddard LJ; Morgan v Oldhams Press Ltd [1971] 1 WLR 1239 at
1253 per Lord Morris; Shevill v Presse Alliance SA [1996] AC 959 at 983 per Lord Jauncey;
Berezovsky v Michaels [2001] 1 WLR 1004 at 1012 per Lord Steyn.
[2005] EW CA Civ 75; [2005] QB 946 at [25]-[32] per Lord Phillips MR, Sedley and Parker LJJ.

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is disproportionate to the available remedy, is inconsistent with Google’s
proposition of law.
283

I accept (without deciding) that there might not be an actionable publication
if a plaintiff instigates a friend to access from a website defamatory matter solely
for the purpose of the plaintiff relying on it as publication to give rise to a cause
of action.177 However, while Ms Palumbo made her search in 2012 following and
as a result of Dr Duffy telling her that the defamatory material was still on the
internet, she nevertheless made that search of her own volition and it was not
instigated by Dr Duffy.
I am satisfied that Google published to Ms Palumbo:

284

1.

the first and second Ripoff Report webpages and paragraphs relating
to them in June 2010 and late 2010; and

2.

the Autocomplete term “janice duffy psychic stalker” in 2012.

Milorad Trkulja
285

Milorad Trkulja instituted defamation actions against Yahoo Inc and
Google Inc in the Supreme Court of Victoria in 2009. The trial of the action
against Yahoo Inc proceeded in March 2012 and against Google Inc proceeded in
October 2012.
April 2012

286

287

Mr Trkulja gave evidence that in April 2012 his attention was drawn to an
article in The Age addressing Dr Duffy’s action against Google Inc. He searched
on the website www.google.com.au for “Dr Duffy” and “Janice Duffy” and
found the electronic version of the article. An article entitled “Google in the gun
as cyber hate victims fight back” by Rachel Wells dated 2 April 2012 was
tendered.178 It also mentioned Mr Trkulja’s recent successful court case against
Yahoo! Mr Trkulja also saw search results that were critical of Dr Duffy
referring to her “attacking somebody” and “defamatory things” which contained
links to articles on the Ripoff Report website. He followed some of the links to
articles on the Ripoff Report website which were defamatory of Dr Duffy. He
then contacted Dr Duffy and they kept in contact thereafter, particularly
concerning their respective actions against Google Inc.
I accept Mr Trkulja’s evidence as summarised in the previous paragraph.
Although Google made submissions about Mr Trkulja’s credit based on his
evidence about the The Australian article addressed below, I have no reason to
177

Even if this extreme situation, in the pre-internet context it has been held that there is an actionable
publication: Ward v Smith (1830) 6 Bing 749 at 752 per Tindall CJ; Duke of Brunswick v Harmer
(1849) 14 QB 185 at 188, 189 per Coleridge J; Pullman v Water Hill & Co Ltd [1891] 1 QB 524 at
528, 529 per Lord Esher.
178
As downloaded from the Fairfax website www.smh.com.au.

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doubt his evidence about how he came to meet Dr Duffy and the fact of their
meeting is corroborated by the fact that she gave evidence at the trial of his
action against Google in October 2012.
288

Mr Trkulja’s evidence was relatively vague about what he saw in April
2012 when he searched for Dr Duffy’s name on the Google Australian website.
For essentially the same reasons as in respect of Ms Palumbo’s Google search
results in 2012, I am not satisfied that in April 2012 Mr Trkulja saw one of the
paragraphs for which Dr Duffy is suing and in respect of which she had notified
Google.
November 2011/2012

289

In his written evidence in chief, Mr Trkulja said that he first searched on the
Google Australian website for Dr Duffy’s name in November 2011 prompted by
his attention being drawn to an article in The Australian addressing a woman’s
action against Google Inc. He bought the paper and saw that the woman’s name
was Dr Janice Duffy. An article entitled “Google being sued over ‘ripoff site’”
by Verity Edwards dated 21 November 2011 was tendered.179 He saw snippets
from the Ripoff Report website, clicked on the links and saw that it said that Dr
Duffy stalks and harasses psychics and hacks into people’s accounts from her
workplace with the government hospital. Mr Trkulja could not find any way of
contacting Dr Duffy at that time.

290

In his oral evidence, Mr Trkulja said that his written evidence was
incorrect, he did not search for Dr Duffy’s name until April 2012 and the
reference in his written evidence to the article in The Australian should have
been to what occurred in November 2012 when he obtained a back copy of The
Australian from the library.

291

Given the conflict between Mr Trkulja’s written and oral evidence as to
whether he saw the article in The Australian in 2011 or 2012, Dr Duffy accepts
that I am unable to make a finding that he saw it on either occasion. On the one
hand, I cannot accept his oral evidence that this occurred in November 2012
because it is not plausible. On the other hand, his written evidence that this
occurred in November 2011 is entirely credible but he renounced that version in
his oral evidence.
Post April 2012

292

Mr Trkulja gave evidence that since April 2012 he has carried out many
searches on the Google Australian website for “Dr Duffy” and “Janice Duffy”
and on most occasions found links to the Ripoff Report website referring to Dr
Duffy in derogatory terms. For the same reasons as in respect of his search
results in April 2012, I am not satisfied that after April 2012 Mr Trkulja saw one

179

As downloaded from the website www.theaustralian.com.au.

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of the paragraphs for which Dr Duffy is suing and in respect of which she had
notified Google.
Dr Duffy has not proved relevant publication to Mr Trkulja.

293

Department of Health
294

Dr Duffy pleads that there was publication of the defamatory words to
executives and employees of the Department of Health, WorkCover claims
managers and their lawyers from the Crown Solicitor’s office (collectively
employer personnel).

295

Jed Shearer gave evidence that on 8 January 2009 he conducted an internet
search of Dr Duffy’s name using whichever internet search engine was used by
the Department of Health for internet searches. He saw links to the Ripoff Report
website. He looked on the Ripoff Report website and saw adverse reports about
Dr Duffy. Mr Shearer’s internet search was conducted before September 2009
being the earliest date in respect of which Dr Duffy sues for defamation. Mr
Shearer did not know whether the search engine used by the Department of
Health was Google, Yahoo!, Bing or some other search engine.

296

Dr Duffy called other employer personnel as witnesses but none of them
conducted a search using Google for Dr Duffy’s name.
Persons unknown

297

Dr Duffy invites me to infer that the allegedly defamatory words published
by Google were read by persons unknown.

298

In the case of newspapers with a large circulation and radio and television
broadcasts with a large audience, an inference is readily drawn that persons
unknown read, heard or saw the defamatory matter.180 The same approach is
applicable to internet versions of newspapers and the like which have a large
circulation. In the case of interactive use of the internet, this inference cannot be
drawn as a matter of course, ie there is not a “presumption” that there were
publishees unknown as in the case of print, radio, television and internet media. 181
The facts and circumstances must be analysed in the traditional way to determine
whether the inference should be drawn.182

299

In Pritchard Englefield (A Firm) v Steinberg,183 Mr Steinberg placed on his
website a copy of a letter to Pritchard Englefield accusing them of inflating their
180

181

182
183

Fullam v Newcastle Chronicle and Journal Ltd [1977] 1 WLR 651 at 658-659 per Scarman J;
Nationwide News Pty Ltd v the University of Newlands & Anor [2005] NZCA 317 at [48] per
Glazebrook, Hammond and Panckhurst JJ.
Nationwide News Pty Ltd v the University of Newlands & Anor [2005] NZCA 317 at [27]-[29] per
Glazebrook, Hammond and Panckhurst JJ; Al Amoudi v Brisard [2006] EWHC (QB) 1062, [2007]
WRL 113 at [28]-[38] per Gray J.
Al Amoudi v Brisard [2006] EWHC 1062 (QB) at [28]-[38] per Gray J.
[2005] EWCA Civ 288, (2005) 149 SJLB 300.

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80
costs. Pritchard Englefield could only identify one person who read the letter.
The English Court of Appeal held that an inference of substantial publication to
persons unknown should be drawn. Sedley LJ (with whom Ward and Longmore
LJJ agreed) said:
The copy letter from Mr Steinberg to Pritchard Englefield, suggesting in no uncertain
terms that the latter artificially and unprofessionally inflated their solicitor and own client
costs, was accessible to anyone, including in particular a potential client, who fed the
claimant's name into a standard search engine. It was also readable by anyone who
accessed the defendant's own professional website. The inference of substantial
publication was, it seems to me, irresistible.184
300

Dr Duffy tendered documents in support of a circumstantial case that
relevant searches of the Google website were undertaken. These were printouts
or screenshots of inquiries made by Dr Duffy on the Google AdWords website
(adwords.google.com). Dr Duffy gave evidence that she selected the Keyword
Tool from the Tools and Analysis menu on the AdWords website. The Keyword
Tool enables a user to:
 enter a search term
 select Google website (eg google.com.au);
 select device type (eg desktop and laptop devices);
 select closely related ideas or not;
 select Match Type (eg Phrase Match Type);
 select location (eg Australia); and
 select language (eg English).

301

The Keyword Tool generates data showing the number of local average
monthly searches (for the selected location) and global average monthly searches
(regardless of location) over the preceding 12 months for prescribed match type
matches to the entered search term in the selected language.

302

An extract from AdWords Help was tendered that explains Match Types.
There are three relevant match types. An “Exact Match” (checking the Exact
Match box or entering the search words in square brackets) requires a match to
the term entered (same words in same order) or a close variation to that term. A
close variation is a misspelling, singular or plural form, acronym, stemming,
abbreviation or accent. A “Phrase Match” (checking the Phrase match box or
entering the search words in inverted commas) requires a match to the phrase
entered (same words in same order) or a close variation to that phrase. A “Broad
Match” (checking the Broad match box or entering the search words without
184

At [21].

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81
punctuation) requires a match to the same words (in any order) or a close
variation or a synonym or related search or other relevant variation.
303

Dr Duffy routinely selected desktop and laptop devices and checked the box
“Only show ideas closely related to my search terms”. While she variously
selected “www.google.com.au” or “www.google.com” or did not specify the
Google website, the results were generally the same when Australia was
specified as the location regardless of website entered. I infer that the results for
the location specified as Australia show searches on the Google.com.au website.

304

When Dr Duffy selected Phrase Match and Broad Match, the results were
either the same or only slightly lower for Phrase Match. I infer that, as is to be
expected in the case of proper names comprising an obvious forename and
surname (eg Janice Duffy), all or nearly all of the results reported using Broad
Match type involve the same words in the same order (eg Janice Duffy) and
hence the numbers are the same as or only slightly greater than results reported
using Phrase Match type.

305

Dr Duffy undertook Keyword Tool inquiries for searches in various
countries including Australia, the United Kingdom and the United States. Where
a search is conducted in Australia and defamatory words originating overseas are
received by the searcher in Australia, the tort will ordinarily be governed by
Australian law.185 Conversely, where defamatory words are transmitted and
received overseas, the tort will ordinarily be governed by overseas law as to
which I have no evidence. For this reason, I have regard only to searches
conducted in Australia.

306

Dr Duffy’s first Keyword Tool inquiry was conducted on 1 September
2011. Inquiries for “Janice Duffy” using Broad Match type and Phrase Match
type showed 480 local (Australian) monthly searches and 1300 global monthly
searches for each Match type. Inquiries for “Dr Janice Duffy” using Broad Match
type showed 260 Australian monthly searches and 320 global monthly searches
and using Phrase Match type showed 210 Australian monthly searches and 260
global monthly searches.

185

Dow Jones & Company Inc v Gutnick (2002) 210 CLR 575 at [25] and [44] per Gleeson CJ, McHugh,
Gummow and Hayne JJ.

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307

Dr Duffy conducted four further Keyword Tool inquiries.186 The results of
the five inquiries for local (Australian) searches are summarised in the following
table:
Date

Match type

janice duffy

dr janice duffy

janice duffy
psychic
stalker

1.9.2011

Broad (Phrase)

480 (480)

260 (210)

2.3.2012

Broad

880

390

29.8.2012

Broad (Phrase)

590 (590)

260 (210)

26.10.2012

Broad

590

260

46

13.6.2013

Broad

320

140

110

91

308

Dr Duffy also tendered a document produced by Google for the purpose of
the action showing number of searches emanating from Australia (based on
searcher’s IP address) using the Google search engine from 1 August 2013 to 31
October 2014. This showed 278 searches for “Janice Duffy” and 196 searches for
“Dr Janice Duffy”.

309

Google has not retained any data showing the number of searches on the
Google Australian website for “Dr Janice Duffy” and “Janice Duffy” before
August 2013. That data would have been available for at least the 12 months
ending in March 2011 if Google had chosen to retain it upon being served with
the summons in the action.

310

The earliest period for which data is now available is from September 2010
to August 2011 referred to at [306] above. That data shows large numbers of
searches being conducted for both “Dr Janice Duffy” and “Janice Duffy” over
that period. There is no reason to believe that the number of searches increased
dramatically between October 2009 and August 2011. By contrast, in October
2011 Dr Duffy began her blog and in November 2011 there was media publicity
about this action which was likely to increase searches for Dr Duffy’s name and
this is borne out by the table at [307] above. I find that between October 2009
and February 2011 there were at least 100 monthly searches for “Dr Janice
Duffy” and at least 200 monthly searches for “Janice Duffy”.

186

There were also inquiries for more complex search terms including “janice duffy adelaide” and “janice
duffy australia” but these produced much smaller numbers of searches.

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83
“Dr Janice Duffy”: first and second Ripoff Report webpages
311

In relation to searches in Australia on the Google Australian website for
“Dr Janice Duffy”, it is likely that persons searching for that term were searching
in relation to the plaintiff. The plaintiff was the only “Dr Janice Duffy” in
Australia and the inclusion of the title “Dr” strongly suggests that the searcher
was not searching for another Janice Duffy.

312

The searches between January and December 2010 tendered at trial show
paragraphs returned on a search for “Dr Janice Duffy” relating to the first and
second Ripoff Report webpages as follows:
Janice Duffy – Psychic Stalker Psychics Beware Of…
Dr Janice Duffy is truly an embarrassment to her profession as a Senior Researcher …
www.ripoffreport.com/...Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm Cached
Rip-off Report Dr Janice Duffy …
Dr Janice Duffy Stop the Australian Psychic Stalker Dr. Janice Duffy!! Adelaide, South
Australia Adelaide, South Australia
www.ripoffreport.com/…/Dr-Janice-Duffy/dr-janice-duffy-stop-the-aust-deb8p.htm
Cached

313

314

It is likely that a significant proportion of persons searching for “Dr Janice
Duffy” read these paragraphs relating to the first and second Ripoff Report
webpages. I make this finding because searches by Dr Duffy between January
and December 2010 generally showed these paragraphs on the first page of
search results and I have found that the searches by Ms Palumbo in late 2010
showed those paragraphs.
Google contends that the priorities assigned by Google’s algorithms for Dr
Duffy’s later searches may have been influenced by her earlier search results in
the manner described by Mr Madden-Woods. Mr Madden-Woods gave evidence
that this occurs if the user has signed in to the Google system and has enabled the
feature “Web & App Activity” or if the user has a specific cookie stored on the
user’s computer and link to the browser and has not removed that cookie. As to
the first, it was not suggested to Dr Duffy in cross-examination that she had
enabled the feature “Web & App Activity” and I find that this is unlikely. As to
the second, it was not suggested to Dr Duffy in cross-examination that she did
something to attract the cookie. Given Google’s knowledge and expertise, there
was an evidentiary onus on Google to adduce some evidence that Dr Duffy was
likely to have this cookie on her computer. Dr Duffy’s search results do not
appear to show any logical progression if earlier search results were affecting
later search results. In addition, Ms Palumbo’s first search in June 2010 produced
search results linking to the first and second Ripoff Report webpages when she
had no relevant search history and her subsequent 2010 search also did so in
circumstances in which she gave evidence that her husband regularly removed
cookies. I find on the balance of probabilities that Dr Duffy’s computer did not
have the cookie.

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315

Mr Trkulja’s search in April 2012 on the Google Australian website
produced search results referring to the Ripoff Report. While this was after the
period presently being considered and the paragraphs must have been references
to webpages other than those for which Dr Duffy is suing, it tends to confirm that
webpages on the Ripoff Report were assigned a relatively high priority by
Google’s algorithms when users searched for Dr Duffy’s name. Similarly, while
his search was undertaken before the period presently being considered and may
have used a different search engine, Mr Shearer’s January 2009 search suggests
that search engine algorithms at the generic level tended to assign a relatively
high priority to webpages on the Ripoff Report when users searched for Dr
Duffy’s name. Both these items of evidence are relatively minor, but add some
weight to my conclusion that a significant proportion of persons searching for
“Dr Janice Duffy” saw the paragraphs relating to the first and second Ripoff
Report webpages.

316

A significant proportion of searchers whose searches returned paragraphs
relating to the first and second Ripoff Report webpages are likely to have read
those paragraphs. The paragraphs themselves are attention-catching as appears
from their wording extracted above. It is true, as Google points out, that many
searchers will have been looking for another specific webpage or reference and
will not have noticed those relating to the Ripoff Report, but a significant
proportion of even those searchers are likely to have noticed the paragraphs
relating to the first and second Ripoff Report webpages.

317

Of those searchers who noticed the relevant paragraphs, a significant
proportion are likely to have followed the hyperlink to the Ripoff Report
webpages themselves for an elaboration of the message conveyed by the
paragraphs.

318

I am satisfied that a substantial number of persons in Australia conducted
searches on the Google Australian website for the name “Dr Janice Duffy”, read
the paragraphs relating to the first and second Ripoff Report webpages and
followed the hyperlinks to those webpages.

319

Google published the first and second Ripoff Report webpages and
paragraphs relating to them to a substantial number of users between January and
December 2010.
“Janice Duffy”: first and second Ripoff Report webpages

320

The searches between January and December 2010 tendered in the action
show paragraphs returned on a search for “Janice Duffy” relating to the second
Ripoff Report webpage as follows:
Rip-off Report Dr Janice M Duffy Stop the Australian Psychic …187

187

In one variation, the words “Stop the Australian Psychic” are replaced by the number “#295925”.

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85
Dr Janice Duffy Stop the Australian Psychic Stalker Dr. Janice Duffy!! Adelaide, South
Australia Adelaide, South Australia
www.ripoffreport.com/…/Dr-Janice-Duffy/dr-janice-duffy-stop-the-aust-deb8p.htm
Cached
321

They showed two different versions of paragraphs relating to the first
Ripoff Report report188 but they both had in common the following words:
Janice Duffy – Psychic Stalker Psychics Beware Of…
Psychics beware of psychic stalker Janice Duffy…
www.ripoffreport.com/...Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached

322

It is likely that a significant proportion of persons searching for “Janice
Duffy” read the paragraphs relating to the first and second Ripoff Report
webpages. I make this finding for essentially the same reasons as in respect of
searches for “Dr Janice Duffy”. Persons searching for the plaintiff under the
name “Janice Duffy” are as likely to have read these paragraphs as persons
searching for the plaintiff under the name “Dr Janice Duffy”. Persons searching
under the name “Janice Duffy” for someone other than the plaintiff are less likely
to have done so but nevertheless a significant proportion of such persons are
likely to have noticed these paragraphs and to have read them.

323

Of the searchers who noticed the relevant paragraphs, a significant
proportion are likely to have followed the hyperlink to the Ripoff Report
webpages themselves for an elaboration of the message conveyed by the
paragraphs.

324

I am satisfied that a substantial number of persons in Australia conducted
searches on the Google Australian website for the name “Janice Duffy”, read the
paragraphs relating to the first and second Ripoff Report webpages and followed
the hyperlinks to those webpages.

325

Google published the first and second Ripoff Report webpages and
paragraphs relating to them to a substantial number of users between January and
December 2010.
Remaining Ripoff Report webpages

326

I am not satisfied that a substantial number of persons who conducted
searches on the Google Australian website for the names “Dr Janice Duffy” and
“Janice Duffy” read paragraphs relating to the third Ripoff Report webpage.
Those paragraphs appeared only intermittently in searches undertaken by
Dr Duffy and when they appeared they generally appeared on pages after the first
two pages of search results.

188

See R1A and R1B at [12] above.

 Blue J

[2015] SASC 170

86
327

Dr Duffy does not sue in respect of paragraphs relating to the fourth to sixth
Ripoff Report webpages as a result of searches for the names “Dr Janice Duffy”
or “Janice Duffy”. In any event, those paragraphs appeared rarely, if at all, in
searches undertaken by Dr Duffy for those names.
First and second Complaints Board webpages

328

329

330

331

The first and second Complaints Board webpages are in virtually identical
terms as follows:
C1

Dr Janice Duffy Senior Researcher
Are you also a victim of the Dr Janice Duffy Senior Researcher? Submit a
complaint to help other consumers to be educated and don’t let them get away…
www.complaintsboard.com/…/dr-janice-m-duffy-senior-researcher-a55917.html
Cached

C2

Dr Janice Duffy
Are you also a victim of the Dr Janice Duffy? Submit a complaint to help other
consumers to be educated and don’t let them get away with it!
www.complaintsboard.com/…/dr-janice-duffy-a55921.html Cached

Searches by Dr Duffy for the name “Dr Janice Duffy” between January
2010 and October 2011 generally showed paragraphs linked to the first and/or
second Complaints Board webpages appearing on the first page of search results.
After October 2011, searches for that name resulted in no reference or in
paragraphs in innocuous terms referring to the Complaints Board website. I am
satisfied that a substantial number of persons who conducted searches on the
Google Australian website between January 2010 and October 2011 for the name
“Dr Janice Duffy” read the paragraphs relating to the first and second Complaints
Board webpages.189
Searches by Dr Duffy for the name “Janice Duffy” showed the paragraphs
linked to the first and second Complaints Board webpages appearing only
intermittently, and when they appeared they generally appeared on pages after
the first page of search results. I am not satisfied that a substantial number of
persons who conducted searches on the Google Australian website for the name
“Janice Duffy” read the paragraphs relating to the first and second Complaints
Board webpages.
Google published paragraphs relating to the first and second Complaints
Board webpages to a substantial number of persons searching for “Dr Janice
Duffy” between January 2010 and October 2011.

189

However, the imputations arising from these two paragraphs are not defamatory: see [364]-[365]
below.

 [2015] SASC 170

Blue J

87
Remaining Complaints Board webpages
332

333

Searches by Dr Duffy for the name “Janice Duffy” showed the paragraph
linked to the third Complaints Board webpage appearing only intermittently and
when it appeared it appeared on pages after the first page of search results. I am
not satisfied that a substantial number of persons who conducted searches on the
Google Australian website for “Janice Duffy” read the paragraph relating to the
third Complaints Board webpage. Dr Duffy does not sue in respect of the
paragraph relating to the third Complaints Board webpage as a result of searches
for “Dr Janice Duffy”.
Dr Duffy does not sue in respect of the paragraph relating to the fourth
Complaints Board webpage as a result of searches for “Dr Janice Duffy” or
“Janice Duffy”. In any event, that paragraph appeared rarely, if at all, in searches
undertaken by Dr Duffy for those names.
123 People webpages

334

The searches between January and 16 October 2010 tendered in the action
show two different versions of paragraphs returned on a search for “Dr Janice
Duffy” relating to the first 123 People webpage, but they both had in common
the following words:
Janice Duffy – Email Address, Phone Numbers everything!
Dr Janice Duffy Stop the Australian Psychic Stalker Dr Janice Duffy!…
www.123people.com/s/janice+duffy - United States

335

336

337

338

Searches by Dr Duffy for “Dr Janice Duffy” between January and 16
October 2010 showed paragraphs linked to the first 123 People webpage
appearing on the first page of search results. After 16 October 2010, searches for
that name resulted in no reference or in paragraphs in innocuous terms referring
to the 123 People website. I am satisfied that a substantial number of persons
who conducted searches on the Google Australian website between January and
16 October 2010 for “Dr Janice Duffy” read the paragraphs relating to the first
123 People webpage.
Dr Duffy does not sue in respect of the paragraph relating to the first 123
People webpage as a result of searches for “Janice Duffy”.
Searches by Dr Duffy for “Dr Janice Duffy” and “Janice Duffy” showed the
paragraph linked to the second 123 People webpage appearing only
intermittently and when it appeared it generally appeared on pages after the first
page of search results. I am not satisfied that a substantial number of persons who
conducted searches on the Google Australian website for “Dr Janice Duffy” or
“Janice Duffy” read the paragraph relating to the second 123 People webpages.
Google published the first 123 People webpage to a substantial number of
persons between January and December 2010.

 Blue J

[2015] SASC 170

88
Miscellaneous webpages
339

I am not satisfied that a substantial number of persons who conducted
searches on the Google Australian website for “Dr Janice Duffy” or “Janice
Duffy” read the paragraphs relating to the Wiki Name or Pissed
Consumer/Kasamba webpages respectively.
“Dr Janice M Duffy”, “Dr Janice M Duffy Adelaide”, “Janice Duffy Adelaide”

340

I am not satisfied that a substantial number of persons conducted searches
on the Google Australian website for the names “Dr Janice M Duffy”, “Dr Janice
M Duffy Adelaide” or “Janice Duffy Adelaide” and read the pleaded paragraphs
or were led thereby to the Ripoff Report webpages.

341

As to the first two names, I take judicial notice of the fact that Australians
rarely use a middle initial and rarely know another person’s middle initial, which
was exemplified by Ms Palumbo. Dr Duffy did not make any inquiries using
Google’s Keyword Tool for searches for “Dr Janice M Duffy” or “Dr Janice M
Duffy Adelaide”.

342

As to “Janice Duffy Adelaide”, Dr Duffy’s only inquiries using Google’s
Keyword Tool for this search term were in August to November 2012 which
produced a result of about five percent in number of the searches for “Janice
Duffy” and these results may have been affected by the media publicity in
November 2011 and April 2012.
janice duffy psychic stalker

343

I am satisfied that a substantial number of persons in Australia who
conducted searches on the Google Australian website for “Janice Duffy” between
August 2011 and June 2013 read the words “janice duffy psychic stalker”
generated by Google’s Autocomplete function.

344

I make this finding because the search undertaken by Ms Palumbo in 2012
resulted in the generation of these words by Google’s Autocomplete function and
the data produced by Google’s Keyword Tool in March 2012, September 2012
and June 2013 showed an average of 91, 46 and 110 monthly searches
respectively for “janice duffy psychic stalker” over the preceding 12 months. It is
likely that many of these searches were the result of the Autocomplete function.
When the words were generated by Google’s Autocomplete function, these
searchers are very likely to have noticed the generation of the words in order to
make the search.

345

Google published the words “janice duffy psychic stalker” by its
Autocomplete function for a substantial number of persons between August 2011
and June 2013.

 [2015] SASC 170

Blue J

89
Conclusion on publication
346

347

348

Google published the following paragraphs relating to the first and second
Ripoff Report webpages to a substantial number of persons who searched on the
Google Australian website in Australia for “Dr Janice Duffy” between January
2010 and December 2010:
A

Janice Duffy – Psychic Stalker Psychics Beware Of…
Dr Janice Duffy is truly an embarrassment to her profession as a Senior Researcher
…
www.ripoffreport.com/...Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached

B

Rip-off Report Dr Janice Duffy …
Dr Janice Duffy Stop the Australian Psychic Stalker Dr. Janice Duffy!! Adelaide,
South Australia Adelaide, South Australia
www.ripoffreport.com/…/Dr-Janice-Duffy/dr-janice-duffy-stop-the-austdeb8p.htm Cached

Google published the following paragraphs relating to the first and second
Ripoff Report webpages to a substantial number of persons who searched the
Google Australian website in Australia for “Janice Duffy” between January 2010
and December 2010:
C

Janice Duffy – Psychic Stalker Psychics Beware Of…
Psychics beware of psychic stalker Janice Duffy…
www.ripoffreport.com/...Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached

D

Rip-off Report Dr Janice Duffy
Dr Janice Duffy Stop the Australian Psychic Stalker Dr. Janice Duffy!! Adelaide,
South Australia Adelaide, South Australia
www.ripoffreport.com/…/Dr-Janice-Duffy/dr-janice-duffy-stop-the-austdeb8p.htm Cached

Google published the following paragraph relating to the first 123 People
webpage to a substantial number of persons who searched on the Google
Australian website in Australia for “Dr Janice Duffy” between January 2010 and
October 2010:
E

349

Janice Duffy – Email Address, Phone Numbers, Everything!
Dr Janice Duffy Stop the Australian Psychic Stalker Dr Janice Duffy!…
www.123people.com/s/janice+duffy - United States

Google published the following paragraphs relating to the first and second
Complaints Board webpages to a substantial number of persons who searched on
the Google Australian website in Australia for “Dr Janice Duffy” between
January 2010 and October 2011:
F

Dr Janice Duffy Senior Researcher

 Blue J

[2015] SASC 170

90
Are you also a victim of the Dr Janice Duffy Senior Researcher? Submit a
complaint to help other consumers to be educated and don’t let them get away…
www.complaintsboard.com/…/dr-janice-m-duffy-senior-researcher-a55917.html
Cached
G

350

351

Dr Janice Duffy
Are you also a victim of the Dr Janice Duffy? Submit a complaint to help other
consumers to be educated and don’t let them get away with it!
www.complaintsboard.com/…/dr-janice-duffy-a55921.html Cached

Google published the following webpages to a substantial number of
persons searching the Google Australian website in Australia for “Dr Janice
Duffy” or “Janice Duffy” between January and December 2010:
H

http:/www.Psychic/Janice-Duffy-Psychic/janice-duffy-psychic-stalker-98d93.htm
(the first Ripoff Report webpage);

I

http:/www.Psychic/Dr-Janice-Duffy/dr-janice-duffy-stop-the-aust-stalkerdeb8p.htm (the second Ripoff Report webpage).

Google published the following words by its Autocomplete function to a
substantial number of persons searching the Google Australian website in
Australia for “Janice Duffy” between August 2011 and June 2013:
J

janice duffy psychic stalker.

Imputations
352

The issue as to the meaning conveyed by allegedly defamatory words is
determined objectively from the perspective of fair-minded ordinary reasonable
persons in the general community reading or hearing the words in their context.190

353

In Sands v Channel Seven Adelaide Pty Ltd & Anor191 Gray J (with whom
Nyland and Vanstone JJ agreed) summarised the approach as follows:
Irrespective of the tense used, the natural and ordinary meaning of the ABC publications
should be determined objectively, by reference to the ordinary reasonable listener or
reader of average intelligence. In determining the natural and ordinary meaning conveyed
to the ordinary reasonable listener, the Court should approach the matter on the basis that
the hypothetical listener or reader is a “right-thinking member of society” who is neither
perverse, nor morbid or suspicious of mind, nor avid for scandal.

The ordinary reasonable reader or listener does not live in an ivory tower and can and
does “read between the lines” in the light of his or her general knowledge and experience
of worldly affairs. Consequently, the words in a publication should be assessed in a
manner which reasonable persons of ordinary intelligence with ordinary general
knowledge and experience of worldly affairs, would be likely to understand them.
190

Mirror Newspapers Ltd v Harrison (1982) 149 CLR 293 at 298-301 per Mason J (with whom Gibbs
CJ, Wilson and Brennan JJ agreed).
191
[2010] SASC 202.

 [2015] SASC 170

Blue J

91
Where the words published are imprecise, ambiguous, loose, fanciful or unusual, the
capacity of the matter complained of to convey particular imputations, is given a wide
degree of latitude. However there is an overarching requirement of reasonableness to the
assessment of the material. As a consequence a publisher will not be liable for meanings
imputed to the publication by a listener or reader which are strained or forced, or those
which are reached through guesswork or suspicion, or those which are reached by taking
into account the individual beliefs of the listener or reader. This distinction was explained
in Mirror Newspapers Ltd v Harrison where Mason J observed:
...A distinction needs to be drawn between the reader's understanding of what the
newspaper is saying and judgments or conclusions which he may reach as a result
of his own beliefs and prejudices. It is one thing to say that a statement is capable
of bearing an imputation defamatory of the plaintiff because the ordinary
reasonable reader would understand it in that sense, drawing on his own knowledge
and experience of human affairs in order to reach that result. It is quite another
thing to say that a statement is capable of bearing such an imputation merely
because it excites in some readers a belief or prejudice from which they proceed to
arrive at a conclusion unfavourable to the plaintiff. The defamatory quality of the
published material is to be determined by the first, not by the second, proposition.
Its importance for present purposes is that it focuses attention on what is conveyed
by the published material in the mind of the ordinary reasonable reader.192

Paragraph A
Paragraph A is:

354

A

Paragraph A gives rise to the following defamatory imputations:

355

356

Janice Duffy – Psychic Stalker Psychics Beware Of…
Dr Janice Duffy is truly an embarrassment to her profession as a Senior Researcher
…
www.ripoffreport.com/...Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached

1.

the plaintiff stalks clairvoyants and others who have or claim to have
paranormal powers (“psychics”);193

2.

the plaintiff is an embarrassment to her profession.194

Google makes a particular contention about the stalking imputation and a
more general contention in similar terms about all of the pleaded imputations
arising from titles and snippets. Google contends that the ordinary reasonable
reader would be aware that Google is only reproducing content of external
websites without vouching for it, there is an enormous variation in the reliability
192

At [95]-[97].
The paragraph says “Janice Duffy – psychic stalker” and says that psychics should beware of her.
Google contends that to describe someone as a psychic stalker does not necessarily mean that the
person stalks psychics. However, it is clear from the heading in the context of the snippet that it is
being said that Janice Duffy stalks psychics, not that she is a stalker who is also psychic or that she is
being stalked by psychics. Google does not contend that the pleaded definition of a psychic (a person
possessing paranormal powers) is inaccurate.
194
The paragraph says “Janice Duffy is truly an embarrassment to her profession”.
193

 Blue J

[2015] SASC 170

92
of external websites and what is displayed is based on an automatic search
guided by textual matches rather than intelligent analysis. However, by reason of
the repetition rule, a person who unthinkingly repeats defamatory words of
another is liable even though it is evident to the reader that this is what the person
has done. While ambiguity in the meaning of words extracted by Google’s search
engines might more readily be resolved against a defamatory imputation for the
reasons advanced by Google, the imputation that Dr Duffy is a stalker of
psychics is unambiguous.
357

Paragraph A does not give rise to the following pleaded defamatory
imputations:
1.

the plaintiff harasses psychics by persistently and obsessively
pursuing them; 195

2.

the plaintiff has engaged in scams;

3.

the plaintiff is someone to be wary of.196

Paragraphs B, D and E
Paragraphs B, D and E are:

358

B, D Rip-off Report Dr Janice Duffy …
Dr Janice Duffy Stop the Australian Psychic Stalker Dr. Janice Duffy!! Adelaide,
South Australia Adelaide, South Australia
www.ripoffreport.com/…/Dr-Janice-Duffy/dr-janice-duffy-stop-the-austdeb8p.htm Cached
E

Paragraphs B, D and E give rise to the following defamatory imputation:

359

1.
360

Janice Duffy – Email Address, Phone Numbers, Everything!
Dr Janice Duffy Stop the Australian Psychic Stalker Dr Janice Duffy!…
www.123people.com/s/janice+duffy - United States

the plaintiff stalks psychics.

Paragraphs B, D and E do not give rise to the following pleaded defamatory
imputations:

195

1.

the plaintiff harasses psychics by persistently and obsessively
pursuing them;

2.

the plaintiff is someone to be wary of;

There is a marked difference between stalking and harassment. While some cases of harassment will
amount to stalking and vice versa, there are cases of harassment that do not amount to stalking.
196
The paragraph does urge psychics to beware of Janice Duffy but this is part and parcel of the stalking
imputation and adds nothing to it.

 [2015] SASC 170

Blue J

93
3.

the plaintiff made unfair, inaccurate and damaging reports about
psychics;

4.

the plaintiff has engaged in scams.

Paragraph C
Paragraph C is:

361

C

Paragraph C gives rise to the following defamatory imputation:

362

1.
363

Janice Duffy – Psychic Stalker Psychics Beware Of…
Psychics beware of psychic stalker Janice Duffy…
www.ripoffreport.com/...Janice-Duffy.../janice-duffy-psychic-stalker-98d93.htm
Cached

the plaintiff stalks psychics.

Paragraph C does not give rise to the following pleaded defamatory
imputations:
1.

the plaintiff harasses psychics by persistently and obsessively
pursuing them;

2.

the plaintiff made unfair, inaccurate and damaging reports about
psychics;

3.

the plaintiff has engaged in scams;

4.

the plaintiff is someone to be wary of.197

Passages F and G
Paragraphs F and G are:

364

365

F

Dr Janice Duffy Senior Researcher
Are you also a victim of the Dr Janice Duffy Senior Researcher? Submit a
complaint to help other consumers to be educated and don’t let them get away…
www.complaintsboard.com/…/dr-janice-m-duffy-senior-researcher-a55917.html
Cached

G

Dr Janice Duffy
Are you also a victim of the Dr Janice Duffy? Submit a complaint to help other
consumers to be educated and don’t let them get away with it!
www.complaintsboard.com/…/dr-janice-duffy-a55921.html Cached

The Complaints Board webpages ostensibly enable a consumer to submit a
complaint. The paragraphs do not record a complaint against Dr Duffy. Nor do
they identify how Dr Duffy (especially as a Senior Researcher) would have
197

The paragraph does urge psychics to beware of Janice Duffy but this is part and parcel of the stalking
imputation and adds nothing to it.

 Blue J

[2015] SASC 170

94
harmed consumers. If the paragraphs had included additional words, the
references to “also a victim” might have implied that consumers were victims of
Dr Duffy. However, as they stand the words are too vague to give rise to that
imputation.
These paragraphs do not give rise to the pleaded imputations:

366

1.

the plaintiff has behaved in such a way as to require complaints to be
made against her so as to protect other consumers;

2.

the plaintiff is someone to be wary of;

3.

the plaintiff inflicts injury, hardship, loss or ill-treatment on others.

Passage H
367

Passage H is the first Ripoff Report webpage which is relevantly
reproduced at [83] above.

368

The first Ripoff Report webpage gives rise to the following defamatory
imputations:

198

1.

the plaintiff stalks psychics;198

2.

the plaintiff harasses psychics by persistently and obsessively
pursuing them;199

3.

the plaintiff misused her government work email address by sending
emails for non-work or other wrongful purposes;200

4.

the plaintiff spreads malicious lies and gossip about other people with
a view to gaining sympathy for herself;201

5.

the plaintiff spreads lies about people dying;202

6.

the plaintiff spreads lies about people committing suicide;203

7.

the plaintiff is an embarrassment to her profession; 204

“Janice Duffy – Psychic Stalker…she stalked me on the psychic website Kasamba and other websites.
I am sad to say that she has stalked other psychics as well…she has a serious stalking problem…stalks
psychics continuously…please write to me and I will give you her real mailing address and you can
call her local police station and have her stopped from stalking…In most countries stalking is against
the law”.
199
“harasses psychics over and over again. She will not stop … has harassed psychics on an ongoing
basis … She harasses continuously”.
200
“I can’t believe she used her government email for personal purposes and it proves stupid she is. This
will be reported to her superiors for breaking the law.”
201
“she spreads malicious lies and gossip about people and hopes to gain sympathy for her life.”
202
“she also makes up lies about people dying and committing suicide.”
203
“she also makes up lies about people dying and committing suicide.”

 [2015] SASC 170

Blue J

95

369

8.

the plaintiff is unable to function in day-to-day life;205

9.

the plaintiff has been laid off by the hospital where she works because
she cannot function in day-to-day life.206

The first Ripoff Report webpage does not give rise to the following pleaded
defamatory imputations:

204

1.

the plaintiff has behaved in such a way as to require complaints to be
made against her so as to protect other consumers;207

2.

the plaintiff made unfair, inaccurate and damaging reports about
psychics;

3.

the plaintiff inflicts injury, hardship, loss or ill-treatment on others;208

4.

the plaintiff has engaged in scams;

5.

the plaintiff is someone to be wary of;209

6.

the plaintiff has an obsession with people who use, or claim to use,
paranormal powers to provide a service predicting specific events in
individual people’s future and unfairly tarnishes their reputations;210

7.

the plaintiff is hypocritical because she often obtains “psychic
readings” but also frequently criticises them;211

8.

the plaintiff engages in blackmail;212

9.

the plaintiff uses phoney names for the purposes of deception.213

“truly an embarrassment to her profession”.
“she cannot even function on a day-to-day life”
206
“she … has been laid off by the hospital in which she works because she cannot even function on a
day to day life”
207
While this is a logical consequence of some of the imputations, it has no separate existence
independently of those imputations and adds nothing material to them.
208
While this is a logical consequence of some of the imputations, it has no separate existence
independently of those imputations and adds nothing material to them.
209
The paragraph does urge psychics to beware of Janice Duffy but this is part and parcel of the stalking
imputation and adds nothing to it.
210
Comment #5 says the plaintiff has a sick obsession with psychics but not that she unfairly tarnishes
their reputations. This plea is not that there were two separate imputations of obsession and tarnishing
reputations but of a single integrated imputation of obsession and tarnishment.
211
The report says that “The interesting thing is that she continues to get psychic readings on an ongoing
basis” and that Dr Duffy criticises psychics, but does not say that this is hypocritical. Objectively, it is
not inconsistent for a person to believe that some psychics are genuine and others are not and no
hypocrisy is therefore implied.
212
While the report uses the word “blackmail”, the substance of the allegations do not amount to
blackmail as commonly understood.
205

 Blue J

[2015] SASC 170

96
Passage I
370

Passage I is the second Ripoff Report webpage which is relevantly
reproduced at [85] above.

371

The second Ripoff Report webpage gives rise to the following defamatory
imputations:

213

1.

the plaintiff stalks psychics;214

2.

the plaintiff harasses psychics by persistently and obsessively
pursuing them;215

3.

the plaintiff misused her government work email address by sending
emails for non-work or other wrongful purposes;216

4

the plaintiff, without their permission, fraudulently and/or maliciously
accesses other peoples emails, stored electronic materials and/or
electronic memberships; 217

5.

the plaintiff made unfair, inaccurate and damaging reports about
psychics;218

6.

the plaintiff has disseminated lies about psychics;219

7.

the plaintiff spreads malicious lies and gossip about other people with
a view to gaining sympathy for herself; 220

While the article refers to using phoney names, it is not alleged that this is for the purposes of
deception and is in the context of real names frequently not being used on the Kasamba and Ripoff
Report websites.
214
“Dr Janice Duffy PHD has been stalking psychics for a long time now and she must be stopped….now
this stalker is being exposed to stop her… she is very equipped to stalker psychics and does this on a
regular basis … stalking is a mental illness and unless she gets treatment, she cannot stop herself …
stalking is a serious illness and she cannot stop until she is medicated or put in jail … She is from
Australia and stalks daily … She has been stalking for a long time ago now.”.
215
“Her harassing emails have caused many psychics to go into hiding… She likes to go to psychic
websites and harass psychics … She has a crazy obsession with psychics and simply won’t stop
harassing them”.
216
“What is even more bizarre is that Dr. Janice Duffy has used her government email address to email
anti Kasamba clients. This can be tracked by the governments webmaster. We will be forwarding this
report to her superiors as a way to gain court evidence that she did indeed write and received emails
from her anti psychic kasamba group members with her government email address; therefore breaking
government rules. You cannot use a company’s email address for personal purposes”.
217
“Please also note that many people in her anti-psychic groups feel that she has email hacking software
or knows and uses hackers. It is rumoured in some of her anti-psychic groups that she tries to get your
personal email address and then tries to hack into it.”
218
“she starts creating ripoff reports with many lies… She has also written fake and deceptive rip-off
reports about psychic websites …She is responsible for most of the false rip-off reports created about
Kasamba …”.
219
“she… has lied about many psychics online… she starts creating rip-off reports with many lies … still
making false claims against the psychics … She makes up lies … ”

 [2015] SASC 170

Blue J

97
8.

the plaintiff spreads lies about people dying;221

9.

the plaintiff has engaged in criminal conduct;222

10. the plaintiff threatens and manipulates people to further her own
ends.223
372

The second Ripoff Report webpage does not give rise to the following
pleaded defamatory imputations:

220

1.

the plaintiff has behaved in such a way as to require complaints to be
made against her so as to protect other consumers;224

2.

the plaintiff is someone to be wary of;225

3.

the plaintiff inflicts injury, hardship, loss or ill-treatment on others;226

4.

the plaintiff has an obsession with people who use, or claim to use,
paranormal powers to provide a service predicting specific events in
individual people’s future and unfairly tarnishes their reputations;227

5.

the plaintiff is hypocritical because she often obtains “psychic
readings” but also frequently criticises them;228

6.

the plaintiff engages in blackmail;229

7.

the plaintiff makes inappropriate use of government records;230

8.

the plaintiff should be imprisoned;231

“she starts creating a rip-off reports with many lies to try to gain sympathy from people who will
respond to her posts”.
221
“she is making up stories about death”.
222
“Janice is committing a crime.”
223
“she is a doctor and knows how to manipulate innocent people… She knows how to manipulate …She
manipulates and threatens people to give her what she wants. ”
224
While this is a logical consequence of some of the imputations, it has no separate existence
independently of those imputations and adds nothing material to them.
225
While this is a logical consequence of some of the imputations, it has no separate existence
independently of those imputations and adds nothing material to them.
226
While this is a logical consequence of some of the imputations, it has no separate existence
independently of those imputations and adds nothing material to them.
227
While the report says “stop ruining their reputations because you can't stop your obsession with
psychic readings”, the claim is that Dr Duffy is actually ruining reputations and her conduct in this
respect is caused by her obsession with readings. That is a different claim with a different sting to a
claim that Dr Duffy is obsessed with psychics and unfairly tarnishes reputations.
228
While the report says that Dr Duffy is still using psychics and is still making false claims against
psychics, it does not say that this is hypocritical. Objectively, it is not inconsistent for a person to
believe that some psychics are genuine and others are not and no hypocrisy is therefore implied.
229
While the report uses the word “blackmail”, the substance of the allegations do not amount to
blackmail as commonly understood.
230
While the report says that Dr Duffy has easy access to government records, it does not say or imply
that she uses them inappropriately.

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9.

the plaintiff, without their permission, fraudulently and/or maliciously
accesses other people’s emails, stored electronic materials and/or
electronic memberships and uses such access to engage in electronic
communication as if she were those people;232

10. the plaintiff has behaved, and will continue to behave, in an evil
manner;233
11. the plaintiff has breached intellectual property laws;234
12. the plaintiff severely maltreats her father, including by falsely
imprisoning him;235
13. the plaintiff uses her intelligence to take advantage of people.
Passage J
373

374

375

Passage J is the words “janice duffy psychic stalker” generated by Google’s
Autocomplete function.
The Autocomplete words are alleged to give rise to the following
defamatory imputations:
1.

the plaintiff stalks psychics;

2.

the plaintiff harasses “psychics” by persistently and obsessively
pursuing them.

The first imputation is not established. The ordinary reasonable person
reading the Autocomplete words would understand that they are neither a
statement by Google nor a reproduction by Google of a statement by someone
else about Dr Duffy. Rather, they comprise a collection of words that have been

231

232

233

234

235

While the report says that Dr Duffy “won't stop until she is locked up or sued” and “cannot stop
until she is medicated or put in jail”, it does not say that she should be imprisoned.
While the imputation in the first clause is conveyed, the report does not say that Dr Duffy
accessed other people's emails and then sent emails pretending to be them.
It is said “From what we know of her, she has used her real name Janice and her fake name Lucy. She
is also from Australia. Because you can say that you are anyone from anywhere on Ripoff report
without any proof, you can only imagine the evil that she can do and she has already done this and
continues to do it.” However, read in the context this does not say that Dr Duffy has behaved in an evil
manner.
It is said “I have the feeling that what she is doing is highly illegal, in that she is publishing on the
internet intellectual property that belongs to Liveperson.” However, it goes on to quote from
Liveperson’s conditions relating to expert's and raises the question whether these conditions apply also
to clients. Read in context, it does not amount to an assertion that Dr Duffy breached intellectual
property laws.
The statement “If there is any ‘investigation’ going on with authorities … it should be an investigation
into her poor elderly father who she probably has chained up in her basement, feeding him cat food
while she demands he gives her “readings” is clearly satirical.

 [2015] SASC 170

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99
entered by previous searchers when conducting searches. They do not amount to
the proposition that Janice Duffy is a stalker of psychics.
The second imputation is not established.

376

Imputations are defamatory and of the plaintiff
377

Google does not contend that, if established (which it denies), the pleaded
imputations are not defamatory. Google does not contend that the pleaded
imputations are not of the plaintiff.

378

An imputation is defamatory if it exposes the plaintiff to hatred, contempt
or ridicule236 or causes the plaintiff to be shunned237 or otherwise tends to lower
the estimation of the plaintiff by the community.238
The imputations I have found established are defamatory of the plaintiff.

379

Innocent dissemination defence
380

Google relies on the “innocent dissemination defence” at common law and
under section 30 of the Act.
Common law defence

381

382

I have addressed the common law defence as an integral aspect of the issue
whether Google was a publisher of the allegedly defamatory material.
Google was a secondary participant but by virtue of Dr Duffy’s
notifications was aware of the existence of the defamatory material and failed to
take steps within a reasonable time to prevent continuing publication thereof by
it. The common law defence is not established.
Statutory defence
Section 30 of the Act relevantly provides:

383

30—Defence of innocent dissemination
(1)

236
237
238

It is a defence to the publication of defamatory matter if the defendant
proves that—
(a)

the defendant published the matter merely in the capacity, or as an
employee or agent, of a subordinate distributor; and

(b)

the defendant neither knew, nor ought reasonably to have known, that
the matter was defamatory; and

Parmiter v Coupland (1840) 6 M & W 105 at 108 (151 ER 340) per Lord Wensleydale.
Villers v Monsley (1769) 2 Wils 403 at 404 (95 ER 886) per Lord Wilmot CJ.
Readers Digest Services Pty Ltd v Lamb (1982) 150 CLR 500 at 506 per Brennan J (with whom Gibbs
CJ, Stephen, Murphy and Wilson J agreed).

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100
(c)
(2)

the defendant’s lack of knowledge was not due to any negligence on
the part of the defendant.

For the purposes of subsection (1), a person is a subordinate distributor of
defamatory matter if the person—
(a)

was not the first or primary distributor of the matter; and

(b)

was not the author or originator of the matter; and

(c)

did not have any capacity to exercise editorial control over the content
of the matter (or over the publication of the matter) before it was first
published.

Subordinate distributor
384

Google was a subordinate distributor of the material contained in the first
and second Ripoff Report webpages because it was not the first or primary
distributor, was not the author or originator and had no capacity to exercise
editorial control before first publication.

385

Google was a subordinate distributor of the titles and snippets reproduced
on the Google Australian website from the material contained in the first and
second Ripoff Report webpages and the first 123 People webpage because it was
not the first or primary distributor of that material, was not the author or
originator and had no capacity to exercise editorial control before first
publication.
Know or ought to know that matter defamatory

386

Google was notified by Dr Duffy of the existence and content of the first
and second Ripoff Report webpages and of the fact that the Google websites
were producing search results containing extracts from and hyperlinks to them.
Their defamatory nature was self-evident from an examination of them. Google’s
statutory defence fails in respect of that material.

387

Google was notified by Dr Duffy of the existence and content of the
paragraphs generated by the Google websites containing extracts from and
hyperlinks to the first and second Ripoff Report webpages and the first 123
People webpages. Their defamatory nature was self-evident from an examination
of them. Google’s statutory defence fails in respect of that material.
Qualified privilege defence

388

Google relies on the qualified privilege defence at common law and under
section 28 of the Act.
Common law defence

389

The common law defence applies when:
1.

the work is published on an occasion of qualified privilege;

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101
2.

the defamatory passage is sufficiently connected to that occasion; and

3.

the occasion is used for the purpose of the privilege.239

390

The onus in relation to the first and second elements lies on the defendant
and the onus in relation to the third element (commonly called “malice”) lies on
the plaintiff.240

391

The underlying rationale for the existence of the defence is public policy,
namely that on the occasions protected by privilege it is in the public interest that
freedom of communication be given priority over the right of the individual to
protection against loss of reputation.241

392

The categories of occasions of qualified privilege are not closed and are
informed by the underlying rationale but are not subsumed by merely considering
what might be in the public interest in a particular case.242

393

Two categories traditionally formulated243 are first, a communication by a
person having a legal or moral duty to communicate it to a recipient having a
reciprocal duty or interest to receive it and secondly, a communication to a
recipient having a legitimate interest in receiving it by a person having a
reciprocal interest in communicating it.244 These two categories of their nature
usually apply to communications to a limited class and not to the world at
large.245 Google does not contend that it had a duty to communicate the work
containing the defamatory passages and relies exclusively on the second
traditional category.246

394

In relation to communications to the world at large, there are categories
recognised by the common law albeit they vary between common law
jurisdictions. In Australia, there is a recognised category of communications in

239

Guise v Kouvelis (1947) 74 CLR 102 at 116-117 per Dixon J; Bashford v Information Australia
(Newsletters) Pty Ltd [2004] HCA 5, (2004) 218 CLR 366 at [7], [9], [22] and [27] per Gleeson CJ,
Hayne and Heydon JJ (see also at [43], [52] and [54] per McHugh J, [130] and [142] per Gummow J,
[167], [187] and [192]-[194] per Kirby J and [208] per Callinan J).
240
Roberts v Bass [2002] HCA 57, (2002) 212 CLR 1 at [97] per Gaudron, McHugh and Gummow JJ.
241
Atkas v Westpac Banking Corporation [2010] HCA 25, (2010) 241 CLR 79 at [22] per French CJ,
Gummow and Hayne JJ, Cush v Dillon [2011] HCA 30, (2011) 243 CLR 298 at [12] per French CJ,
Crennan and Kiefel JJ.
242
Atkas v Westpac Banking Corporation (2010) 241 CLR 79 at [22] per French CJ, Gummow and
Hayne JJ. Compare categories of duties of care, abuse of process and restitution.
243
These categories may overlap on the facts: Howe & McColough v Lees (1910) 11 CLR 361 at 368 per
Griffith CJ (with whom Barton J agreed) and 376 per O’Connor J.
244
Toogood v Spyring (1834) 1 Cr M & R 181 at 193 (149 ER 1044) per Parke B.
245
See Bashford v Information Australia (Newsletters) Pty Ltd (2004) 218 CLR 366 at [26] per Gleeson
CJ, Hayne and Heydon JJ quoted below.
246
While other categories exist or arguably exist, such as those recognised in Braddock v Bevins [1948] 1
KB 580; Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 and Reynolds v Times
Newspapers Ltd [2001] 2 AC 127, Google does not contend that any such categories apply in this
case.

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[2015] SASC 170

102
relation to government or political matters (the so-called Lange defence).247 In
England and Wales and some other countries, there is a broader recognised
category of communications on matters of public interest (the so-called Reynolds
defence).248 Google does not rely on these categories.
Reciprocal or mutual interest
395

Google contends that the recipient users of the Google search engine had an
interest in accessing information relevant to the search term entered, Google had
an interest in providing that information, those interests are reciprocal or mutual
and it is in the public interest that there be efficient availability of material via the
internet and in response to searches made via the internet of the web.
In Hunt v Great Northern Railway Co (No 2),249 Lord Esher MR said:

396

The occasion had arisen if the communication was of such a nature that it could be fairly
said that those who made it had an interest in making such a communication, and those to
whom it was made had a corresponding interest in having made to them. When those two
things co-exist, the occasion is a privileged one...250
397

In Howe & McColough v Lees,251 the defendants belonged to an association
of stock agents at Bendigo whose rules required members to report defaulting
purchasers via the secretary to other members. The defendants reported the
plaintiff as a defaulting purchaser. The High Court (Isaacs J dissenting) held that
members of the association had a sufficient mutual interest to amount to an
occasion of qualified privilege. Griffiths CJ (with whom Barton J agreed) said:
With regard to the privilege founded upon what is called interest it is contended that the
person who makes the communication and the person to whom it is made must have a
common interest. “Community of interest” is, I think, a more accurate term…
The term “community of interest” does not connote a joint pecuniary interest in property.
Any legitimate object for the exercise of human faculties pursued by several persons in
association with one another may be sufficient to establish community of interest. Again:
“interest” does not mean an interest in the particular subject matter as to which the
communication is made, but an interest in knowing the fact communicated, in other
words, an interest in the subject matter to which the communication is relevant, as for
instance the solvency of a probable customer. Having regard to the nature of the business
conducted by the members of the Bendigo association, I think that they were all mutually

247

Theophanous v Herald and Weekly Times (1994) 182 CLR 104; Lange v Australian Broadcasting
Corporation (1997) 189 CLR 520.
248
Reynolds v Times Newspapers Ltd [2001] 2 AC 127; Flood v Times Newspapers Ltd [2012] UK SC
11, [2012] 2 AC 273; Yaqoob v Asia Times Online Ltd [2008] 3 HKC 589. This broader category has
not been recognised by the New South Wales Court of Appeal in John Fairfax & Sons Ltd v Vilo
[2001] NSWCA 290; 52 NSWLR 373 at [107]-[112] per Heydon JA (with whom Handley and Giles
JJA agreed) and several cases that have followed Vilo.
249
[1891] 2 QB 189.
250
At 191.
251
(1910) 11 CLR 361.

 [2015] SASC 170

Blue J

103
interested in knowing whether probable bidders at the auction sales were persons to
whom the short credit allowed might be safely given.252

O’Connor J said:
The interest relied on as the foundation of privilege must be definite. It may be direct or
indirect, but it must not be vague or unsubstantial. So long as the interest is of so tangible
a nature that for the common convenience and welfare of society it is expedient to protect
it, it will come within the rule. The credit of intending buyers must always be a matter of
supreme importance to agents conducting business under the circumstances proved in this
case.253

Higgins J said:
... the other auctioneers… had the same interest in preventing bogus bidders, as they had
the same interest in being protected from the rain and the sun. It does seem to me rather
ludicrous to say that, as a matter of business, these men had no interest in knowing that
Lees had made default. What kind of interest is required? It certainly is not any
proprietary interest; it need not even be any pecuniary interest…
The truth seems to be that the word “interest”, as used in the cases, is not used in any
technical sense. It is used in the broadest popular sense, as when we say that a man is
“interested” in knowing a fact – not interested in it as a matter of gossip or curiosity, but
as a matter of substance apart from its mere quality as news. The interest of the other
persons in Bendigo, or in Victoria, would probably be treated as too remote, too
unsubstantial; but the interest of the limited body of auctioneers selling in the Bendigo
yards, and exposed to the plaintiff’s bids, cannot be regarded as unsubstantial or
remote.254
398

In Bashford v Information Australia (Newsletters) Pty Ltd,255 the defendant
published a trade newsletter, the Occupational Health and Safety Bulletin, to 900
subscribers who paid an annual subscription of $395 and had professional
responsibility for occupational health and safety matters. The High Court
(McHugh and Callinan JJ dissenting) held that the publication was made on an
occasion of qualified privilege. Gleeson CJ, Hayne and Heydon JJ said:
What set the respondent's Bulletin apart from some other paid publications was the
narrow focus of both its subject matter and its readership. Because its subscribers were
only those responsible for occupational health and safety matters, and because it dealt
only with those matters, there was that reciprocity of duty or interest between maker and
recipient which attracted qualified privilege. The circumstances of publication were,
therefore, very different from those in which the general news media deal with matters of
political or other interest...256

252

At 369-370.
At 377.
254
At 396, 398.
255
(2004) 218 CLR 366.
256
At [26]. Emphasis in original
253

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[2015] SASC 170

104
399

In Papaconstuntinos v Holmes à Court,257 French CJ, Crennan, Kiefel and
Bell JJ said:
The defence of qualified privilege at common law has been held to require that both the
maker and the recipient of a defamatory statement have an interest in what is conveyed.
This is often referred to as a reciprocity of interest, although "community of interest" has
been considered a more accurate term because it does not suggest as necessary a perfect
correspondence of interest. The interest spoken of may also be founded in a duty to speak
and to listen to what is conveyed.258

400

In the present case, Google published the defamatory words to anyone who
chose to use its search engine to search for Dr Duffy’s name. Google’s
publication was indiscriminate as to the persons to whom publication might be
made and as to the purpose or interest of such persons in making the search
enquiry. While some recipients may have had a legitimate interest in ascertaining
specific types of information about Dr Duffy amounting to a sufficient interest
for the purpose of qualified privilege, the information provided by Google about
Dr Duffy was not confined to any specific type of information nor tailored to the
particular interest of such a recipient. Google made the information available to
any recipient enquiring out of mere curiosity or for purposes of gossip or worse.

401

The publications by Google do not meet the requirement for privileged
occasions. The common law defence of qualified privilege fails.
Statutory defence
Section 28 of the Act relevantly provides:

402

28—Defence of qualified privilege for provision of certain information
(1)

(2)

257
258

There is a defence of qualified privilege for the publication of defamatory
matter to a person (the recipient) if the defendant proves that—
(a)

the recipient has an interest or apparent interest in having information
on some subject; and

(b)

the matter is published to the recipient in the course of giving to the
recipient information on that subject; and

(c)

the conduct of the defendant in publishing that matter is reasonable in
the circumstances.

For the purposes of subsection (1), a recipient has an apparent interest in
having information on some subject if, and only if, at the time of the
publication in question, the defendant believes on reasonable grounds that
the recipient has that interest.

[2012] HCA 53, (2012) 249 CLR 534.
At [8]. (Footnotes omitted)

 [2015] SASC 170

Blue J

105
Recipient interest or apparent interest
403

404

The word “interest” in section 28(1)(a) applies not only to the interest of a
particular class of recipients but also to the interest of the public at large when it
is in the public interest that the information be communicated to the public.259 The
reference to “interest” in section 28 is therefore broader than the category of
communication to a limited class having an interest in receiving the
communication referred to at [391] above.260
In Barbaro v Amalgamated Television Services Pty Ltd,261 Hunt J said of
section 22(1)(a) of the Defamation Act 1974 (NSW) which was in the same terms
as section 28(1)(a) of the Act:
The interest or apparent interest of the recipients need not be a proprietary one, nor even a
pecuniary one. The word “interest” is not used in any technical sense; it is used in the
broadest popular sense, to connote that the interest in knowing a particular fact is not
simply a matter of curiosity, but a matter of substance apart from its mere quality as
news. The interest must be definite; it may be direct or indirect, but it must not be vague
or insubstantial — so long as the interest is of so tangible a nature that it is expedient to
protect it for the common convenience and welfare of society, it will come within the
privilege afforded by the section.262

405

This passage has been approved by the New South Wales Court of Appeal
more recently in Echo Publications Pty Ltd v Tucker & Ors; Fast Buck$ v Tucker
& Anor (No 3)263 and Griffith v Australian Broadcasting Corporation.264

406

Google published the defamatory words indiscriminately to anyone who
wanted to search for references on the web to Dr Duffy regardless of the person’s
purpose or interest: it may have been simply a matter of curiosity or otherwise
not a matter of substance apart from its mere quality as news. The requirement
that the recipients had an interest in having information on the subject is not
satisfied.

407

Google contends that there is a public interest in the efficient availability of
material on the web and in particular through the use of search engines. Whether
or not that be so, a member of the public does not have an “interest” within the
meaning of section 28(1)(a) in information on the web because it is on the web
259

In Lower Murray Urban and Rural Water Corporation v Di Masi, Belbin & Marciano [2014] VSCA
104, the Victorian Court of Appeal observed that the factors listed in subsection (3) appear to be
drawn from the speech of Lord Nicholls in Reynolds v Times Newspapers Ltd: at [97] per Warren CJ,
Tait and Beach JJA.
260
Echo Publications Pty Ltd v Tucker & Ors; Fast Buck$ v Tucker & Anor (No 3) [2007] NSWCA 320
at [7]-[8] per Hodgson JA (with whom Basten JA and McClellan CJ at CL agreed); Griffith v
Australian Broadcasting Corporation [2010] NSWCA 257 at [103]-[104] per Hodgson JA (with
whom Basten JA and McClellan CJ at CL). See also Austin v Mirror Newspapers Ltd [1986] AC 299
at 312 per Lord Griffith delivering the judgment of the Privy Council.
261
(1985) 1 NSWLR 30.
262
At 40B-C. (Citations omitted).
263
[2007] NSWCA 320 at [7]-[8] per Hodgson JA (with whom Mason P and McColl JA agreed).
264
[2010] NSWCA 257 at [103]-[104] per Hodgson JA (with whom Mason P and McColl JA agreed).
See also the judgment of the Privy Council in Austin v Mirror Newspapers Ltd [1986] AC 299 at 312.

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106
any more than a member of the public has an interest in reading information in a
newspaper because it is in a newspaper.
408

For the same reasons, the alternative requirement that the recipients had an
apparent interest is not satisfied.
Conduct reasonable in the circumstances

409

Subsection 28(3) of the Act provides a non-exhaustive list of circumstances
that the court may take into account in determining whether the defendant’s
conduct was reasonable. They include the sources of the information in the
matter published and the integrity of those sources and any other steps taken to
verify the information in the matter published.

410

Google published the material about Dr Duffy indiscriminately. It is only
regarded as a publisher after it was notified of the defamatory material by Dr
Duffy and refused to review or remove it. Its conduct is incapable of being
characterised as reasonable in the circumstances.
Justification defence

411

Google relies on the justification defence at common law and under section
23 of the Act in respect of some of the alleged imputations. Neither party
suggests that there is a material difference between the common law and
statutory defences: both involve the question whether the defamatory imputations
were substantially true.
The imputations that Google seeks to justify265 are as follows:

412

1.

the plaintiff stalks psychics;

2.

the plaintiff harasses psychics by persistently and obsessively
pursuing them;

3.

the plaintiff misused her government work email address by sending
emails for non-work or other wrongful purposes.

Stalks and persistently and obsessively harasses psychics
413

Google relies on the same evidence to justify these two imputations and it is
convenient to consider them in conjunction albeit they ultimately require
independent consideration.

265

Google also seeks to justify the imputations that the plaintiff inflicts injury, hardship, loss or illtreatment on others and that the plaintiff has an obsession with people who use, or claim to use,
paranormal powers to provide a service predicting specific events in individual people’s future and
unfairly tarnishes their reputations but these imputations are not established.

 [2015] SASC 170

Blue J

107
414

Google relies principally on Dr Duffy’s communications with four
Kasamba
psychics – Fruno,
Powerful
Visions,
Master
Z
and
SunshiningUponYou – as comprising stalking and harassment.
Meaning of harass

415

416

The word “harass” has a settled meaning in ordinary parlance exemplified
by dictionary definitions.
The Oxford English Dictionary gives the following relevant definitions of
the verb:
3. To trouble or vex by repeated attacks.
4. To trouble, worry, distress with annoying labour, care, perplexity, importunity,
misfortune, etc.266

The Macquarie Dictionary gives the following relevant definitions of the

417

verb:
1. To trouble by repeated attacks, incursions, etc, as in war or hostilities; harry; raid.
2. To disturb persistently; torment, as with troubles, cares, etc.267

Meaning of stalk
418

419

The word “stalk” has a traditional meaning exemplified by dictionary
definitions.
The Oxford English Dictionary gives the following relevant traditional
definitions of the verb:
2. To go stealthily to, towards (an animal) for the purpose of killing or capturing it…
3. To pursue (game) by stealthy approach. To stalk down: to follow or track (an animal)
stealthily until one comes within range268

420

The Macquarie Dictionary gives the following relevant traditional
definitions of the verb:
1. To pursue or approach game, etc, stealthily …
5. To pursue (game, a person, et cetera) stealthily.269

421

The word “stalk” evolved during the twentieth century from its traditional
meaning to refer to stalking a person rather than game. The conduct is still covert
and surreptitious. The purpose however is not to kill or capture game but to
266

Oxford English Dictionary, 2nd ed (1989), vol VI page 1100.
Macquarie Dictionary, 3nd rev ed (2003) page 864.
268
Oxford English Dictionary, 2nd ed (1989), vol XVI page 470.
269
Macquarie Dictionary, 3nd rev ed (2003) page 1830.
267

 Blue J

[2015] SASC 170

108
invade the privacy of the victim for inappropriate and unacceptable purposes
such as voyeurism or to harm the victim. Regardless of the specific purpose, the
conduct if discovered by the victim is calculated (although not intended because
of the covert nature of the activity) to cause the victim to feel fear or
apprehension.
422

423

The word “stalk” evolved further to encompass not only covert conduct but
also overt conduct where the victim is physically pursued in an inappropriate and
unacceptable manner that invades the victim’s privacy and is calculated to cause
the victim to feel fear or apprehension. Finally, the word evolved to encompass
similar conduct except the pursuit of the victim is undertaken by following the
victim by electronic means (video, telephone, email, internet messaging, etc)
rather than physically. In this variation, the victim’s privacy is still invaded, the
conduct is still inappropriate and unacceptable and the conduct is still calculated
to cause the victim to feel fear or apprehension. There are thus now two species
of stalking being the covert and overt species.
The modern understanding of stalking described in the previous two
paragraphs is the sense in which the word was used in the first and second Ripoff
Reports and in the paragraphs on the Google Australian website derived from
them and from the first 123 People webpage.
Context

424

425

Before considering Dr Duffy’s communications with the psychics, it is
important to identify the context in which those communications took place. The
psychics operating on the Kasamba website knew that some270 of their clients
placed faith in their predictions, were prepared to pay an hourly rate for those
predictions because of their faith in them and were emotionally attached to the
matters about which they sought predictions and to the predictions themselves.
Such psychics knew that sometimes their predictions would come true and
this would result in positive emotions for those clients who had faith in them.
Such psychics knew that sometimes their predictions would not come true,
sometimes after a considerable time, and that in such cases some clients would
suffer emotionally as a result. Such emotions would include anxiety,
disappointment, disillusionment, pain, anger, blame and depression. Such clients
were likely to express those emotions to the psychic and others after the
predictions did not come true and this was to be accepted as an ordinary
foreseeable consequence of such predictions not coming true. Such psychics
could be expected to be relatively empathetic to their clients and relatively
tolerant when their clients expressed emotions and blame when their predictions
did not come true.

270

Other clients no doubt considered the predictions to be for entertainment value only, but it is unlikely
that many such clients would have paid the very high hourly rates charged by some psychics.

 [2015] SASC 170

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109
Fruno
426

Between 14 January and 7 April 2006, Dr Duffy participated in paid live
online chats and online email exchanges with Fruno. Fruno made strong positive
predictions about a relationship with Jon, including after Dr Duffy told him of
the setbacks with Jon, and predicted that Dr Duffy would still see Jon in June
2006.

427

Between 22 May and 4 June 2007, Dr Duffy participated in online email
exchanges with Fruno. She said that his predictions had been wrong, she was in
the middle of a bad breakdown and unable to function and enquired why he had
given her false hope. Fruno generally responded to Dr Duffy saying that he could
not make Jon embrace the love that Fruno felt was there. The predominant
matters expressed by Dr Duffy were pain, disappointment and disillusionment.
There is nothing in these email exchanges that could amount to harassment or
stalking.

428

On 21 June 2007, Dr Duffy participated in an online email exchange with
Fruno. She said that she was writing an e-book on him and other psychics who
had made wrong predictions and did not know how to treat clients and there
would be a chapter on him. Fruno responded in sympathetic terms. Dr Duffy’s
conduct on this occasion cannot be characterised as harassment or stalking.

429

Between 22 June and 4 July 2007, Dr Duffy participated in online email
exchanges with Fruno. She attached a partial excerpt of a chapter from the book
she was writing. That excerpt was not tendered. She said that she was extremely
sick, depressed, unable to function and suicidal and Fruno was partially
responsible because of the encouragement he had given her in 2006. Fruno
responded in sympathetic terms.

430

431

The predominant tone of Dr Duffy’s emails up to 1 July was of pain and
distress. Between 1 and 4 July, Dr Duffy expressed increasing despair and talked
about killing herself and Jake, who Fruno initially thought was her son but who
she told him was her dog. Dr Duffy rejected Fruno’s expressions of prayers and
care. Although Dr Duffy used highly emotionally charged language in those
latter emails, the clear and consistent message conveyed to Fruno was of
overwhelming despair, grief, helplessness and hopelessness. Dr Duffy’s conduct
during those communications does not amount to harassment or stalking.
Google relies generically on email communications between Dr Duffy and
Kasamba administrators, not necessarily specifically in relation to Fruno but in
relation to psychics who had given readings to Dr Duffy generally. Google
tendered documents created by Dr Duffy that appear to be drafts of emails that
she contemplated sending to Kasamba administrators but in general there is no
evidence that those documents were in fact sent. Google also tendered emails that
were sent by Dr Duffy to Kasamba and Kasamba’s replies. Dr Duffy’s statements
in those emails (and indeed in the drafts that were not proved to be sent) were

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relatively generic and low key. They do not amount to harassment or stalking of
anyone and in any event there is no reason to believe that they were sent to Fruno
or any other psychic or that Dr Duffy intended or contemplated that they would
be.
432

433

434

Google also relies generically on reports and comments on other persons’
reports posted by Dr Duffy on the Ripoff Report website between July 2007 and
March 2009. In some of those reports and comments, Dr Duffy listed names of
psychics operating on the Kasamba website, including Fruno, who she said were
completely wrong about the outcome of a relationship with someone she met. In
some cases, she used mild objective language; in other cases she used strong
emotionally charged subjective language. While these reports and comments
related to Fruno (and Powerful Visions, Master Z and SunshiningUponYou),
they were not addressed or directed to those psychics. Indeed, there is no reason
to believe that those psychics visited the Ripoff Report website or were aware of
Dr Duffy’s posts or that Dr Duffy believed or intended that they were so aware.
Dr Duffy’s posts on the Ripoff Report website cannot comprise or evidence
stalking or harassment of psychics.
A number of other persons responded to Dr Duffy’s reports or comments on
the Rip Off website and Dr Duffy responded to the reports and comments of
other persons on that website. Several of these exchanges were expressed, often
on both sides, in emotionally charged and in some cases vitriolic language.
However, neither party in those exchanges was stalking or harassing the other,
whatever other characterisation might be given of their communications.
Moreover, Dr Duffy’s participation in those exchanges cannot be characterised as
stalking or harassing psychics.
Google has failed to prove that Dr Duffy stalked or persistently and
obsessively harassed Fruno.
Powerful Visions

435

Between 14 January and 25 February 2006, Dr Duffy participated in paid
live online chats with Powerful Visions (initially known as Soul Connection).
She made positive predictions about a relationship with Jon and his return to
Australia. Between 21 March and 10 July 2006, Dr Duffy participated in further
paid live online chats on Kasamba with Powerful Visions. Dr Duffy told her that
Jon had met and fallen in love with a married woman and did not know if he was
coming to Australia in June. She responded making positive predictions
notwithstanding the setbacks.

436

On 30 and 31 July 2006, Dr Duffy participated in online email exchanges
with Powerful Visions. Dr Duffy said that Powerful Visions’ predictions had
been wrong, expressed extreme disappointment and pain and requested a refund
of the money she had spent. Powerful Visions said she could not give a refund as
the payment was to Kasamba but offered a free reading or spell. There is nothing

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in Dr Duffy’s communications during these relatively brief exchanges that could
amount to stalking or harassment.
437

Google has failed to prove that Dr Duffy stalked or persistently and
obsessively harassed Powerful Visions.
Master Z

438

Between 30 August 2005 and 7 February 2006, Dr Duffy participated in
paid live online chats and email exchanges with Master Z. Master Z made
positive predictions about a relationship with Jon and said that Jon would return
to Australia in June. On 12 May 2006, Dr Duffy participated in an online email
exchange with Master Z. He gave positive predictions about Jon notwithstanding
the setbacks.

439

On 31 May 2007, Dr Duffy participated in an online email exchange with
Master Z. She said that his predictions about Jon had been wrong. Master Z
responded saying that he could have been wrong, Dr Duffy should forget about
Jon because he was not healthy for her and expressing compassion. There was no
element of stalking or harassment in Dr Duffy’s communications on this
occasion.

440

On 3 July 2007, Dr Duffy participated in an online email exchange on
Kasamba with Master Z. Dr Duffy sent to him transcripts of her paid chats and
email sessions with him in 2005 and 2006 about the prospects of a relationship
with Jon which had not transpired. Master Z responded saying that the fact that
Dr Duffy had been able to feel what she did for a while had been a blessing and
gave hope for the future after her health improved. Dr Duffy sent a responding
email saying that he had hurt her, taken her money, she was broken and she felt
angry and bitter. The overall matters conveyed by Dr Duffy to Master Z were of
despair, grief, helplessness and hopelessness. While Dr Duffy expressed anger
towards and attributed blame to Master Z, Dr Duffy’s communications do not
amount to stalking or harassment of Master Z.

441

On 23 March 2008, Dr Duffy created an account on Kasamba in the name
of “bad boy” and paid for an online chat session with Master Z. She posed as a
29-year-old man looking for love and received positive predictions which she
regarded as scripted. The next day she participated in an online email exchange
with Master Z in which she accused Master Z of using scripted readings and said
that she was collecting information on him, he hurt people for money and that
made him evil. On 24 and 26 March 2008, she posted reports under the
usernames “Aussieboy” and “Gretal” on the Ripoff Report website complaining
about Master Z and describing bad boy’s online chat session with Master Z.

442

Master Z did not use his real name on the Kasamba website and there is no
doubt that many clients did not use their real names when seeking readings.
There is no doubt that many clients tested psychics on the Kasamba website by

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providing false details about themselves to see what predictions the psychics
would make. This does not amount to stalking or harassment. The fact that Dr
Duffy so acted does not amount to stalking or harassment. While the tone of her
email to Master Z and reports about him in the Ripoff Report reflects poorly on
her, neither the email nor the reports amount to stalking or persistent and
obsessive harassment.
443

Google has failed to prove that Dr Duffy stalked or persistently and
obsessively harassed Master Z.
SunshiningUponYou

444

In February 2006, Dr Duffy participated in paid live online chat sessions
with SunshiningUponYou. Sun made positive predictions about a relationship
with Jon. In December 2006 and January 2007, Dr Duffy participated in further
paid live online chat sessions with SunshiningUponYou. Sun gave positive
advice to Dr Duffy about Jon and said that May 2007 would be an amazing
month for Jon and Dr Duffy.

445

On 4 and 15 September 2007, Dr Duffy participated in online email
exchanges with SunshiningUponYou.271 Dr Duffy said that Sun’s January
prediction that May would be an amazing month for Jon and herself turned out to
be wrong when Jon ditched her for good in May and she had a breakdown. She
asked why Sun had given that prediction when the opposite turned out. Sun
replied saying that Sun’s timeframes were not always right, Jon would in time
realise how stupid he had been and Dr Duffy should focus on being well right
now. There was no element of stalking or harassment in Dr Duffy’s
communications on this occasion.

446

Between 26 and 28 September 2007, Dr Duffy participated in unpaid online
email exchanges on Kasamba with SunshiningUponYou. Dr Duffy expressed
pessimism and despair about a relationship with Jon and personal pain, anguish,
foolishness and depression. There was no element of stalking or harassment in Dr
Duffy’s communications on this occasion.

447

On 30 September 2007, Dr Duffy participated in an unpaid online email
exchange with SunshiningUponYou. Dr Duffy expressed increasing pain and
depression and a loss of faith and trust in SunshiningUponYou. Dr Duffy’s last
post on that day complained that she had spent hundreds of dollars on Sun’s
readings, accepted that no relationship with Jon would happen and criticised Sun
for making promises she trusted that did not eventuate. The overwhelming
message was of pain and despair. There was no element of stalking or
harassment in Dr Duffy’s communications on this occasion.

271

The 4 September session was conducted by Dr Duffy under her username janice180501 and the 15
September session under her user name wonderingstar1960 but it is evident that Sun knew that
wonderingstar1960 was the same person.

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448

449

450

451

452

On 18 December 2007, Dr Duffy under the username “ozzieb” posted three
online messages on Kasamba to SunshiningUponYou saying that his wife’s
friend committed suicide on 17 December and Sun was responsible for the death
because she told the friend lies that she would be with someone who was using
her and who had married someone else. Ozzieb said that he would send Sun’s
communications with his wife’s friend to the head of Kasamba and the national
media. The posts were expressed in highly emotionally charged and critical
language. Sun did not respond.
On 19 December 2007, Dr Duffy under the name Oswald Billet sent an
email to Kasamba saying that his wife’s friend committed suicide on 17
December and complaining about SunshiningUponYou’s conduct leading up to
the suicide.
On 28 December 2007, Dr Duffy under the username “Friend’s Husband”
posted a report on the Ripoff Report about the suicide of his wife’s friend and
complaining about SunshiningUponYou’s conduct leading up to the suicide.
Dr Duffy’s conduct towards SunshiningUponYou on 18 December 2007
was reprehensible and would have caused substantial distress to
SunshiningUponYou if Sun had given any credence to the allegation that a
former client had committed suicide. Dr Duffy’s conduct was offensive but it did
not amount to stalking. It was one-off conduct. It did not have the elements of
pursuit or invasion of privacy. Nor did it amount to obsessive and persistent
harassment.
Google has failed to prove that Dr Duffy stalked or persistently and
obsessively harassed SunshiningUponYou.
Psychics collectively

453

454

Google adduced some evidence of Dr Duffy’s communications with or
reports about other psychics. None of that evidence proves that Dr Duffy stalked
or persistently and obsessively harassed any of those psychics.
Considered collectively, Dr Duffy’s proven conduct in respect of Fruno,
Powerful Visions, Master Z, SunshiningUponYou and the other psychics does
not amount to stalking or persistently and obsessively harassing psychics. Google
has failed to prove justification in respect of these imputations.
Misused government work email address

455

Google seeks to justify the imputation that Dr Duffy misused her
government work email address by sending emails for non-work or other
wrongful purposes.

456

Dr Duffy had a work email address at the Repatriation General Hospital
being an sa.gov.au address. Dr Duffy had a standard work sign off for emails sent

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from that work email address being “Dr Janice Duffy, Senior Researcher,
Respiratory Function Unit, Division of Medicine, Repatriation General Hospital,
Daws Road, Daw Pk, SA, 5041” together with her work and mobile telephone
numbers. Dr Duffy also had from time to time private email addresses.
457

458

459

460

Between 21 August 2007 and 19 August 2008, Dr Duffy sent a number of
emails from her work email address using her work sign off to various persons
for private purposes (linked directly or indirectly to her experiences with
psychics). There were no disclaimers in those emails that they were not sent in
Dr Duffy’s capacity as an employee at the Repatriation General Hospital.
Google tendered the Department of Health’s email policy issued in June
2005. It contained provisions prohibiting business auto-signatures being attached
to personal emails and requiring that personal emails incorporate an identifying
disclaimer. The policy was expressed to be due for review in June 2007. While
there was no evidence adduced about review of the policy in June 2007, there is
no reason to believe that the relevant provisions of the June 2005 policy were not
still applicable after June 2007.
Objectively, Dr Duffy breached the Department of Health’s email policy by
sending the personal emails referred to above. Dr Duffy gave evidence that in
2007 and 2008 she was not specifically aware of the Department of Health’s
written email policy. However, without having a specific awareness of the
existence of a written policy, it is generally understood within government and in
the community that a government employee is not entitled to use a government
work email address to send personal emails without appropriate disclaimers.
Google has proved the truth of the imputation that Dr Duffy misused her
government work email address by sending emails for non-work or other
wrongful purposes.
Contextual truth defence

461

462

Google relies on the contextual truth defence under section 24 of the Act in
respect of the imputations pleaded by Dr Duffy.
Section 24 provides:
It is a defence to the publication of defamatory matter if the defendant proves that—
(a)

the matter carried, in addition to the defamatory imputations of which the
plaintiff complains, one or more other imputations (contextual imputations)
that are substantially true; and

(b)

the defamatory imputations do not further harm the reputation of the plaintiff
because of the substantial truth of the contextual imputations.

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There are at least three elements272 to the defence:

463

1.

the matter carried an additional imputation;

2.

the additional imputation is substantially true;

3.

the defamatory imputation established by the plaintiff does not cause
further harm than that already caused by the additional imputation.

Additional imputation
464

Google contends that each of the first and second Ripoff Report webpages
carried an imputation that Dr Duffy had conducted a campaign on the internet
against psychics whom she had targeted.273 Google pleads specific passages from
each of those webpages as particulars giving rise to the imputation.
First Ripoff Report webpage

465

Google relies on several passages from the first Ripoff Report webpage as
giving rise to the additional imputation, which passages include:
… She threatens psychics to abide by her rules or else she will blackmail them by writing
rip off reports about them. She uses this website to simply trash psychics. … She is
overly obsessed with him and stalks psychics for more information and if she doesn’t get
any, she writes fake and phoney information about them online. …

466

These passages in their context give rise to the pleaded additional
imputation.
Second Ripoff Report webpage

467

Google relies upon several passages from the second Ripoff Report
webpage as giving rise to the additional imputation, which passages include:
She … has made numerous rip off reports and has lied about many psychics online. …
She creates numerous rip off reports about psychics claiming that they somehow wronged
her or caused one of her friends to die. … Dr. Janice Duffy likes to use the website
Kasamba amongst other psychic websites and makes numerous user accounts to try and
trick psychics because she is often blocked by many psychic advisors. … In my opinion,
she is out to get any psychic that she can and she uses rip off reports so that it can show
up in the search engines so that when someone types in your psychic name or handle, it
will show a rip off report about you. …

468

These passages in their context give rise to the pleaded additional
imputation.

272

There is probably a fourth element that the additional imputation be defamatory of the plaintiff but it is
not necessary to form a final view on this: see [470] below.
273
Google makes the same contention in respect of the third and fourth R0R webpages but I have
concluded that Dr Duffy has failed to prove publication thereof.

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Conclusion
469

Google has proved that each of the first and second Ripoff Report
webpages gave rise to the additional imputation. Subject to the next paragraph,
this element is established.

470

It is probably an implied requirement of section 24(a) that, in order to fall
within the first limb of the defence defined by section 24(a), the additional
imputation must be defamatory of the plaintiff. The use of the word “other”
following the reference to “defamatory imputations” suggests this, as does the
purposive consideration that, if the additional imputation is not defamatory of the
plaintiff, it is difficult to see how the defamatory imputation could fail to cause
incremental harm to the plaintiff’s reputation. It is not necessary to form a final
view on this question of construction of section 24(a) because it is superseded by
the section 24(b) issue in this case.
Substantial truth

471

The evidence establishes that Dr Duffy did conduct a campaign on the
internet against psychics whom she had targeted. This element is established.
Incremental harm

472

473

The additional imputation pleaded by Google is not defamatory.
Conducting a campaign on the internet against others of a person’s choosing in
itself is not calculated to lower the estimation of the person by the community.
Even if it did so, it would not cause as much harm as an imputation of stalking or
persistent and obsessive harassment.
The defence of contextual truth is not established.
Conclusion

474

Between January and December 2010, Google published to a substantial
number of persons searching for “Dr Janice Duffy” or “Janice Duffy” the first
Ripoff Report webpage that contained the following imputations defamatory of
Dr Duffy:
1.

Dr Duffy stalks psychics;

2.

Dr Duffy harasses psychics by persistently and obsessively pursuing
them;

3.

Dr Duffy spreads malicious lies and gossip about other people with a
view to gaining sympathy for herself;

4.

Dr Duffy spreads lies about people dying;

5.

Dr Duffy spreads lies about people committing suicide;

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475

476

6.

Dr Duffy is an embarrassment to her profession;

7.

Dr Duffy is unable to function in day-to-day life;

8.

Dr Duffy has been laid off by the hospital where she works because
she cannot function in day-to-day life.

Between January and December 2010, Google published to a substantial
number of persons searching for “Dr Janice Duffy” the paragraph extracted at
[335] above (first occurring) relating to the first Ripoff Report webpage that
contained the following imputations defamatory of Dr Duffy:
1.

Dr Duffy stalks psychics;

2.

Dr Duffy is an embarrassment to her profession.

Between January and December 2010, Google published to a substantial
number of persons searching for “Janice Duffy” the paragraph extracted at [358]
above (first appearing) relating to the first Ripoff Report webpage that contained
the following imputations defamatory of Dr Duffy:
1.

477

Dr Duffy stalks psychics.

Between January and December 2010, Google published to a substantial
number of persons searching for “Dr Janice Duffy” or “Janice Duffy” the second
Ripoff Report webpage that contained the following imputations defamatory of
Dr Duffy:
1.

Dr Duffy stalks psychics;

2.

Dr Duffy harasses psychics by persistently and obsessively pursuing
them;

3

Dr Duffy, without their permission, fraudulently and/or maliciously
accesses other peoples’ emails, stored electronic materials and/or
electronic memberships;

4.

Dr Duffy made unfair, inaccurate and damaging reports about
psychics;

5.

Dr Duffy has disseminated lies about psychics;

6.

Dr Duffy spreads malicious lies and gossip about other people with a
view to gaining sympathy for herself;

7.

Dr Duffy spreads lies about people dying;

8.

Dr Duffy has engaged in criminal conduct;

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9.
478

479

Dr Duffy threatens and manipulates people to further her own ends.

Between January and December 2010, Google published to a substantial
number of persons searching for “Dr Janice Duffy” or “Janice Duffy” the
paragraph extracted at [358] above (first occurring) relating to the second Ripoff
Report webpage that contained the following imputations defamatory of Dr
Duffy:
1.

Dr Duffy harasses psychics by persistently and obsessively pursuing
them;

2.

Dr Duffy made unfair, inaccurate and damaging reports about
psychics;

3.

Dr Duffy has engaged in scams.

Between January and October 2010, Google published to a substantial
number of persons searching for “Dr Janice Duffy” the paragraph extracted at
[358] above (second occurring) relating to the first 123 People webpage that
contained the following imputations defamatory of Dr Duffy:
1.

Dr Duffy stalks psychics.

480

The defences of innocent dissemination, qualified privilege, justification
(except as to the misuse of government email) and contextual truth fail.

481

It is necessary to proceed to trial of the remaining issues, being the defences
of triviality and time limitation, the application for an extension of time, and
causation and quantum of damages.

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APPENDIX

Ripoff Report 1274

Report #295712

Report: Janice Duffy – Psychic Stalker! Psychics Beware of Australian
Psychic Stalker!
Reported by: (Riverton Wyoming)
Janice Duffy – Psychic Stalker! Psychics Beware of Australian Psychic Stalker! Janice
Duffy Stalked me on the computer for several months. She uses the name Janice and
other phoney names and keeps on sending you her name over and over again. I know of
her because she stalked me on the psychic website Kasamba and other websites. I am
sad to say that she has stalked other psychics as well. Australia Adalade internet.
Janice Duffy – Psychic Stalker!
Psychics Beware of Australian
Psychic Stalker
Adelaide internet 5041
Australia

Category Psychic
Submitted: Sunday, December 30, 2007
Last posting: Tuesday, October 14, 2008

Psychics must beware of a psychic stalker named Janice Duffy. She is a woman that comes
from Australia and writes phoney rip off reports on psychics worldwide. She sends out
threatening emails to people in hopes to get free psychic readings and free information from
psychics. She actually holds a PHD and works for a hospital in Australia. I am sending this
warning out to psychics worldwide in case you have also been stalked by this woman. She
threatens psychics to abide by her rules or else she will blackmail them by writing rip off
reports about them. She uses this website to simply trash psychics. She has been known to
create multiple accounts on psychic websites like Kasamba and harrasses psychics over and
over again. She will not stop and has a stalker like mentality. She spreads melicious lies and
gossip about people in hopes to gain sympathy for her life. She cannot even work right now and
has been laid off by the hospital in which she works because she cannot even function on a day
to day life. She is a stalker because she hunts psychics down and sends threatening emails that
if you don’t do what she says, then she will make other people believe in the lies in which she is
putting out. Janice Duffy is from Adelaide Australia and is a senior researcher. Please make
sure to watch out for this woman and to avoid her at all costs for doing psychic readings for.
She is a woman who does not understand the term, “Entertainment purposes only.” She is also
someone who spreads lies and says that she is another person from Australia and uses Australia
274

(Emphasis added in italics to passages pleaded by the plaintiff as giving rise to imputations).

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in many of her rip off reports. I know who she is because she befriends people on the internet in
her internet chat groups that bashes Kasamba psychics. She is someone that psychics need to
be aware of. The interesting thing is that she continues to get psychic readings on an ongoing
basis and she has gotten them from several psychic websites and has harrassed psychics on an
ongoing basis. Psychics try to stop her by blocking her accounts. However, Janice Duffy keeps
on creating new accounts on any psychic website that she gets her hands on. This is something
that Janice is known for. She also makes up lies about people dying and committing suicide.
This is very sad since that is a serious issue and should be dealt with accordingly. Janice Duffy
works in a medical hospital and gets health insurance, but instead of seeking help with
professional psychiatrists, she instead harrasses psychics. Granted she may not like psychics
and if this is the case, then do not get a psychic reading done by them. Janice Duffy is someone
that sends multiple emails out to psychics daily complaining about a guy that she has never met
before on the internet and a man that she has fell in love with and she never even met him in
person. He is of African American descent and she is caucasian. She is overly obsessed with
him and stalks psychics for more information and if she doesn’t get any, she writes fake and
phoney information about them online. Being she is from Australia, she is very careful about
leaving her name behind. However, many psychics have encountered this woman Janice Duffy
and its time that psychics fight back. Nobody likes to be stalked and Janice Duffy will not stop
until the psychic community becomes aware of who Janice Duffy is and the fact that she has a
serious stalking problem. Janice also has dyslexia and has been known to create multiply
accounts. Janice wrote a phony rip off report about psychics such as Master Z and she used the
name Janice from Australia. She used blackmail to let psychics know that they must answer her
emails or else she will create rip off reports about them. This woman should be best avoided
and never dealt with.
Please look for Australia in her rip off report because she doesn’t hide the fact that she is
coming from Australia. However, she does hide her real name and makes up extremely bizzare
stories to gain sympathy for her delusions. She needs a lot of help and this is something that
psychics should not have to handle. She is a PHD and should not be using her power to try to
harrass and talk psychics. She works for a hospital and its a shame that she knows the rules of
the psychic websites and yet stalks psychics continuously on them. Psychics, please beware of
this woman. You have been warned. If you wish to file a harrassment lawsuit against her for
stalking, please write to me and I will give you her real mailing address so that you can call her
local police station and have her stopped for stalking. She harrasses continuously. In most
countries, stalking is against the law and has serious consequences. For those interested, I can
send you detailed information as to the anti psychic groups that she has started and starts right
now as well as the hate mail that she sends to psychics.
Mary anne
Riverton, Wyoming
USA
This report was posted on “Ripoff Report on 12/30/2007 4:00:21 PM and is a permanent record located here:
http://www.ripoffreport.com/psychic/janice-duffy-psychic/janice-duffy-psychic-stalker-98d93.htm. Ripoff Report has
an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

#1

Story sounds similar to my friend’s experience with Janice
Katie – Smalltown (U.S.A.)

SUBMITTED:
Monday,
December
31, 2007

My friend was also continuously attacked by Janice thru emails about her obsession with this
man.

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121
From reading other Ripoffreports, I found out Janice created a Kasamba victim’s group and
took many client’s transcripts from their Kasamba accounts and ran off with it.
POSTED:
Monday,
December

Janice Duffy is a dangerous person and the psychic community needs to be aware of her. Her
last measure of revenge is to make up lies in attempting to ruin psychic’s reputations since she
isn’t able to bring down Kasamba. Dr Janice Duffy is truly an embarassment to her profession
as a Senior Researcher in Adelaide, Australia.
…

#3

anti

Dr. Janice Duffy uses her government work email address to email
Kasamba psychic clients.

Katie –Smalltown (U.S.A.)
SUBMITTED:
Wednesday,
January 02,
2008

Sugarpie you said
I can’t believe this OP posted personal info on her, but a lot of it proved how educated, job
having, important person she is.
POSTED:
Wednesday,
January 02,
2008

I can’t believe she used her government email for personal purposes and it proves how stupid
she is. This will be reported to her superiors for breaking the law.
…

#5

Report Janice

Freya4 – Hollywood (U.S.A.)
SUBMITTED:
Monday,
January 07,
2008

I feel the only necessary thing to do here is to report Janice to her Government/place of work,
the fact that she is using Government hours and money to fuel her sick obsession with Psychics
is downright wrong. Surely someone must have her company name or the like from the work
email that she has used to abuse psychics?
POSTED:
Monday,
January 07,
2008

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Ripoff Report 2

Report: #295925

Report: Dr. Janice Duffy
Reported by: (Riverton Wyoming)

Dr. Janice Duffy Stop the Australian Psychic Stalker Dr. Janice Duffy!!
Adelaide, South Australia Adelaide, South Australia
Dr. Janice Duffy
Adelaide, South Australia
Adelaide, South Australia Nationwide 5041
U.S.A.
Category: Psychic
Submitted: Monday, December 31. 2007
Last posting: Saturday, December 06, 2008

Dr. Janice Duffy P.H. D has been stalking psychics for a long time now and she must be
stopped. Her harassing emails have caused many psychics to go into hiding because of her
blackmailing and forcing psychics to respond to her emails. She is from Adelaide, South
Australia and has made numerous rip off reports and has lied about many psychics online. She
has a dog named Jake and she is obsessed with an African American boyfriend that she only
met online and through the internet. Her story is very familiar to most psychics since she usually
says that she is either from Australia, Toronto or Skyville Australia. Her real name is Janice
Duffy and she also uses the name Lucy as you can see in her previous rip off report. She creates
numerous rip off reports about psychics claiming that they somehow wronged her or caused one
of her friends to die. She likes to go to psychic websites and harass psychics for free updates
and to listen to her story over and over again. If you dont do what she says, then she is known to
use blackmail and says that she will write rip off reports about you. Her personal website is on
the dogster website as she stated on a previous rip off report #268343. Janice wrote
Alternatively they can view my page on the Dogster site just put in Jake as the dogs name and
Adelaide in the city in the find find by dogster†search. Janice Duffy is known for creating
internet anti psychic groups and she tells her information to many of her anti psychic friends.
She is an easy woman to track because she leaves a paper trail behind herself wherever she
goes. Its a shame that a P.H.D. is a stalker. However, Dr. Kevorkian was also a doctor as
well. These people have powerful minds and can be very crafty at doing bad things. She works
as a senior researcher and posts her picture on the internet for all to see. She is a very lonely
woman who comes to psychics very kind at first and then after a few psychic readings, she
begins making her threats of blackmail. Psychics can best protect themselves by knowing this
information before you give a reading to Dr. Duffy. She always has the same story of herself
being in love with an African American man that she met over the internet and who she has not
met yet in person. She is extremely obsessed with him and asks questions like, “when will
he come back to me and is he thinking of me. She often sends her picture and the picture of the
guy that she is in love with. She also has a dog by the name of Jake that she sends to psychics
as well and also posts a picture of them together on dogster. Dr. Janice Duffy has tried to
blackmail numerous psychics begging them for free updates and email updates and if you donât

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respond to her, she starts creating rip off reports with many lies to try to gain sympathy from
people who will respond to her posts. Dr. Janice Duffy also has dyslexia. In many of her posts,
she will often misspell words because of her dyslexia. She is someone that every psychic should
know about. She takes psychic readings extremely serious and she doesnt know what the words
entertainment purposes only actually means. Its shocking since she is a researcher and a P.H.D.
holder from Australia. This amazes me because she should know better and she gets medical
insurance to see professional doctors in Australia. We have numerous emails and other stalking
information about Dr. Duffy. She forms several online anti psychic internet groups and uses
her threats to let psychics know that she will destroy their reputation unless you give her exactly
what she wants. Its time that psychics know all about this woman. She also uses several
different email addresses that all link her back to Dr. Janice Duffy and she has slipped up far to
many times online with people that she thought were her anti psychic friends. In actuality, half
of the people that she thinks are anti psychic are all actually psychics themselves. She fell into
her own game and now this stalker is being exposed to stop her. Psychics, please avoid this
stalker if you happen to see her online or tries to get a psychic reading with you. Of course she
is all sweet in the beginning, but then her emails begin to get more and more demanding and
she begins the blackmailing process. I am just as shocked as you are that she is a P.H.D. and a
researcher. However, stranger things have happened. Dr. Janice Duffy likes to use the website
Kasamba amongst other psychic websites and makes numerous user accounts to try and trick
psychics because she is often blocked by many psychic advisors. This is not the first time that
Dr. Duffy has does this. She has done this numerous times and she has also written fake and
deceptive rip off reports about psychic websites. I ask you to stop Dr. Janice Duffy now by not
giving her anymore psychic readings. She needs serious medical help and is actually harming
herself more than anyone else. Please remember the facts once again. She is a Caucasian
woman and from Australia. She has a dog named Jake and has an obsession for an African man
and and she uses the names Janice, Lucy and other names. However, she usually writes that she
is from Australia, Toronto or other places. After the first few psychic readings, she tends to
write emails to psychics for updates and when she doesnt hear back from you fast enough, she
begins to send you hate mail which usually says that she is going to ruin your name and
reputation online as a psychic. In my opinion, she is out to get any psychic that she can and she
uses rip off reports so that it can show up in the search engines so that when someone types in
your psychic name or handle, it will show a rip off report about you. She should be stopped and
the only way to stop Dr. Janice Duffy from Australia is to not give her anymore psychic
readings. Save your reputation. You know the facts, now its up to you to stop the psychic
stalker.
Mary ann
Riverton Wyoming
U.S.A
This report was posted on Ripoff Report on 12/31/2007 1:54:36 PM and is a permanent record located
here: http://www.ripoffreport.com/psychic/janice-duffy-psychic/janice-duffy-psychic-stalker-deb8p.htm.
Ripoff Report has an exclusive license to this report. It may not be copied without the written permission
of Ripoff Report.
…

#2

being

Australian Dr. Janice Duffy senior researcher stalks Kasamba psychic
advisors and uses her Dr. title to allow people to believe that she is
ripp

Mary Anne – Riverton (U.S.A.)
SUBMITTED:
Wednesday
January 02,

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2008

Australian Dr. Janice Duffy senior researcher stalks Kasamba psychic advisors and uses her Dr.
title to allow people to believe that she is being ripped off by psychics. She is
POSTED:
Wednesday,
January 02,
2008

responsible for most of the false rip off reports created about Kasamba and is used to doing
extensive research on psychics since she is a senior researcher at her present job. She is
dangerous behind a computer and is a government worker. Stop stalking psychics doctor Janice
Duffy and stop ruining their reputations because you can’t stop your obsession with psychic
readings.
Dr. Janice Duffy is responsible for the numerous fake rip off reports about psychics and is
currently in the process of writing a detailed and researched rip off report about psychics. She
is pretending to know the F.B.I. so that she can gather information about psychics. Psychic
websites must not fall for her antics and she wants to stalk psychics until she gets her way. She
has told numerous people online through her anti Kasamba and anti psychic groups that she is
going to bring Kasamba and their psychics down. She is a dangerous woman and has stated
several times in emails and in her group that she is going to do extensive research on psychics
and track them down using their real names and psychic handles to ruin their businesses and to
ruin their lives. She is a very sick woman and wants to stalk and destroy Kasamba and their
psychics. Kasamba is not only her target. She is targeting many psychic websites. She is still
using psychics and still making false claims against psychics and this company. She won’t stop
until she is locked up or sued. A lawsuit must be brought against her by the psychic community
and psychic companies. She is now trying to use more U.S. states in her phoney psychic reports
since previous reports has come out. Her method is to befriend you and then attack you. She is
a Dr. and knows how to manipulate innocent people. She knows how to convince psychics that
she will be your friend and then she goes in for her attack and posts personal information about
you all over the internet and she keeps on doing it. She will not stop. She has an obsession with
psychics and has told many psychics online that she is going to get them and take them down
anyway that she can. She knows how to manipulate and she gives out her government email
address to her most trusted online friends. However, most of them are psychics themselves
looking to find out as much as they can about her so that they can sue her and stop the stalker.
She is a woman that has several identities and has easy access to government records since she
researches drugs. She can get mostly anything that she wants because she has the title Dr. in
front of her name and manipulates and threatens people to give her what she wants. Often
pretending to be connected to the F.B.I. Don’t give her any information and keep your true
identity to yourselves. She will use it against you in a detailed report that she is writing about
psychics and is threatening to sue psychics and psychic websites. Dr. Janice Duffy is “Janice
Duffy, BA (Hons), Ph.D. is currently a senior researcher at the South Australian Community
Health Research Unit and a lecturer in Public Health at the Flinders University of South
Australia. Her Ph.D, thesis, on alcohol in the workplace, was supported by a National Drug
Strategy Scholarship and compared the delivery of harm-reduction programs in the building and
banking industries. Janice has experience in a wide variety of health research and teaching
concerned with disease prevention and health promotion. She has participated in projects
concerned with primary health care as well as general practice and alcohol and other drug
research. â€
As you can see, she is very equipped to stalk psychics and does this on a regular basis. Please
protect yourself. This information is being put out because she is harming psychics and their
businesses and the innocent lives of people. She makes up lies and spends her free time stalking

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and trying to find out the identities of psychics and stalking psychic companies. She is
emotionally unstable and will post information about you online that you would rather be kept
private. She has already done this and her obsession cannot end. Stalking is a mental illness
and unless she gets treatment, she cannot stop herself. She is ruing the lives of psychics and
psychic companies. Janice, psychic readings are for entertainment purposes only. Remember
that.
Currently there are more than 5 well known Kasamba psychics that she is targeting in her anti
psychic e-book. She has told numerous people online that she is going to present her detailed
research report to Kasamba as a way to blackmail them into doing what she wants. She has
also told numerous people in her anti Kasamba and anti psychic groups that she is trying to find
out the true identities of the psychics and she is also gathering the actual transcripts of other
people’s psychic readings in order to expose psychics. She is using blackmail and is currently
writing and telling others what she is going to be doing. Your name may or may not be on her
list. If you had given Janice a psychic reading, then you may be on her stalking list. Since the
stalking reports came out, she is using different handles and names and states of where she is
from. If you want to protect your identity, never give out your real name and information. Dr.
Janice Duffy will try to find it and will make it her priority to stalk you. Stalking is a serious
illness and she cannot stop until she is medicated or put in jail. Dr. Janice has also stated in
her anti-psychic groups that she will ruin the lives of psychics and their real names, handles
and reputations. She also likes to stalk psychics who are willing to sell her a spell. That is her
way of getting your personal living address and real names. She is from Australia and stalks
daily. In her anti psychic group, many of her followers were upset because they passed on their
private details from their Kasamba transcripts and felt like they were left high and dry. She
promised them she would help them and she ran off with their information. She is not from the
United States of America and is using psychics and their clients as a way to gather personal
information about people as a way to blackmail and manipulate psychics and their clients.
Many of Dr. Janice’s followers are upset because they feel like they were betrayed by her and
are afraid that Janice may be using their information for illegal purposes. Once you give out
your information online, it can go anywhere. Remember that you don’t know who you can trust
online. Do not give out your information to this woman. She will act like your friend and she
will act like she is trying to get your information so that you can sell her a spell and then she
will use it to attack you online and blackmail you as much as she could. Don’t pay anything
and don’t think that you can stop her. She has been stalking for a long time now and everyone
that knows Janice knows how dangerous she can be behind a computer. Please also note that
many people in her anti psychic groups feel that she has email hacking software or knows and
uses hackers. It is rumored in some of her anti psychic groups that she tries to get your
personal email address and then tries to hack into it. She tells people that she is a Dr. and is
doing something to help people. However, she is just trying to use this information as a way to
find out personal information and a way to try and ruin your life. Sadly, she really is a Dr. and
uses that title as a way for you to gain her trust. She will even give you her personal
government email address. You will not know that it is her since she uses different names,
states and countries in her posts. From what we know of her, she has used her real name Janice
and her fake name Lucy. She is also from Australia. Because you can say that you are anyone
from anywhere on rip off report without any proof, you can only imagine the evil that she can
do and she has already done this and continues to do it. This is scary for anyone that has to
work online because she is a true internet psychic and client stalker. What is even more bizarre
is that Dr. Janice Duffy has used her government email address to email anti Kasamba clients.
This can be tracked by the governments webmaster. We will be forwarding this report to her
superiors as a way to gain court evidence that she did indeed write and receive emails from her
anti psychic kasamba group members with her government email address; therefore breaking
government rules. You cannot use a company’s email address for personal purposes. As you
can see, Dr. Janice Duffy has messed up far too many times and now its time for this stalker to

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be stopped from the harm that she is causing to innocent people worldwide. Psychics and
clients please be careful.

#3

Regarding Wow

Karen – Henderson (U.S.A.)
SUBMITTED:
Wednesday,
January 02,
2008

No one is dead and no one is disliking black people. You totally missed the point of the entire
post! If Janice Duffy was attacking and harassing YOU then I am sure you would be singing a
different tune. The african american man was placed there as a means to identifying this Janice
person! Think about what your going to say before you go blurting it out sounding like a idiot!
POSTED:
Wednesday,
January 02,
2008

Readers SHOULD be warned against this woman if it is true what she is doing! No one should
be subjected to that kind of harassment. I know that post by the “husband” about a suicide is
Janice. Know how I know? Because the way she spewed venom against “Karen” and it was the
wrong Karen. I am the Karen that kept calling her out against her lunacy on this board! If it was
just a “husband” persay there would of not been that much venom and ugliness against “Karen”
unless the person has been responding to my posts in the past. You know when you look
beyond the surface you see whats really there. So if your walking out here blind then its best
you don’t read anything and respond anymore.
…

#12

Janice is committing a crime

Legaleagle – Paris (France)
SUBMITTED:
Friday,
August 15,
2008

This woman Janice is obsessed, and is taking out her bad circumstances on the people who have
tried to help her. Anyone who bases their life on a psychic reading, needs to get some
professional help. I mean, they are only meant to be used as a guide and for entertainment
purposes.
POSTED:
Friday,
August 15,
2008

I have the feeling that what she is doing is highly illegal, in that she is publishing on the internet
intellectual property that belongs to Liveperson.
“Expert agrees that any information or content that Expert posts or transmits through
LivePerson.com will not be considered Expert’s confidential information but rather this
information, whether personal in nature or not, shall be owned by LivePerson. Expert further
agrees and consents to the Expert’s chats or transcripts, being captured in any format,

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controlled, processed and shared by LivePerson with third parties as designated solely by
LivePerson;
Expert grants LivePerson an unlimited, irrevocable, royalty-free license to use, reproduce,
display, edit, copy, transmit, process, control, publicly perform, and create derivative works
communicate to the public or any third party any such information and content on a world-wide
basis”
Surely this would also apply to clients.
In any case, I actually feel sorry for this Janice person, because she is obviously obsessed and
unbalanced. I also feel sorry for the people whose reputations she is destroying, when all they
are doing is trying to provide a service and make money for their families, like we all are. She
carries on about being dishonest, and yet, she is the one who is being dishonest. Pot calling the
kettle black if you ask me.
…

#17

I think the only thing that is clear here

Jessica – Wahiawa (U.S.A.)
SUBMITTED:
Friday,
August 22,
2008

Is that Janice is absolutely insane.
POSTED:
Friday,
August 22,
2008

No one reading this would read two sentences from her without coming to the conclusion that
she is unbalanced, and possibly dangerous. If there is any “investigation” going on with
authorities (that no one believes either) it should be an investigation into her poor elderly father
who she probably has chained up in her basement, feeding him cat food while she demands he
gives her “readings”
Regardless of the comments from the OP I can’t even believe this women holds a PHD, except
maybe in crazy.
Its more likely thats just another facet of her on-line persona, part and parcel with her imaginary
dog “Jake”, her war hero father, and her negro “boyfriend”
I’m sure her family and neighbours get down on their knees everyday thanking God there is an
internet, so she has another outlet for venting her toxic waste.
…

#19

Yes Its Ridiculous

Karen-Henderson (U.S.A.)
SUMBITTED:
Tuesday,
September

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02, 2008

Yes the rants and threats of of lawsuits from this Janice person is most definitely insanity. No
one is afraid of any lawsuits being filed around here. It is comical to read at times. You have to
admit. This Janice stuff is whats “entertainment” around here. You talk about psychic for
entertainment only crap. Just get on this site and read this mess.
POSTED:
Tuesday,
September
02, 2008

#20

The Janice Show

Iris – Beverly Hills (U.S.A.)
SUMBITTED:
Wednesday,
September
24, 2008

I wanted to bump this thread as well, so that people can CLEARLY see that Janice is off her
rocker, and that’s putting it mildly.
Her lengthy rants are indicative of a highly volatile and unbalanced mind.
POSTED:
Thursday,
September
25, 2008

Now I WAS an advocate. I had been in support of what she claimed to be doing. I thought it
was great that someone was going to actually compile evidence against the fake psychics and do
something productive.
But in light of recent events, I have come to realize that the only thing Janice cares about is
being the center of attention. She currently has a group of women in her Yahoo group, who are
all vulnerable and in need of guidance. They have all spent way too much money on psychic
readings, and need to seek addiction counselling. Instead, they have Janice as their “leader,”
MISLEADING them. She still gets readings on the site regularly.
These people are addicts. I know this, as I was one in the past. The only way to get better is to
go 100% cold turkey and stop using psychic services.
The only way to get healthy is to get away from Janice Duffy.
I KNOW for a fact she’ll be targeting me here now that I am publicly being vocal, and now that
I am eating MAJOR humble pie in terms of my previous endorsement.
This woman is a loose cannon. True, she threatens to do things that she really can’t do. (1) If
she could sue, she would. (2) No one would take her seriously.
…

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129
#25

Well as I said

Sickofpsychos – New York (U.S.A.)
SUMBITTED:
Monday,
September
28, 2008

In my previous thread, Pattie, I stated that, Jh is a client that is psychic addicted, she starts off
liking them and praising them and then turns on them like some bi-polar disorder is taking over
her…
POSTED:
Monday,
September
28, 2008

…
Janice needs to give up, I mean she is making up stories about death, still making accounts on
Liveperson, making multiple accounts, I mean she is out there… and whom ever follows her,
what does that say about you.
…

 Blue J

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Ripoff Report 3

Report: #363490

Report: Dr. Janice Duffy
Reported by: (Los Angeles California)

Dr. Janice Duffy Senior Researcher Dr. Janice Duffy Psychic Stalker from the
Respiratory Function Unit, Repatriation General Hospital, Adelaide, South
Australia
Dr Janice Duffy
Respiratory Function Unit, Daws Rd, Daw Park
Adelaide Australia, Nationwide 5000
U.S.A.
Phone: 0418 842 815
Category: Psychic
Submitted: Friday, August 15, 2008
Last posting: Monday, August 18, 2008

Wow, I cannot believe that Janice Duffy is still at it. I had no idea that Janice would still be at
this stalking game after all this time. She has stalked me several times on Kasamba. I can’t
believe a 52 year old would sit around like this writing fake ripoff reports. Perhaps this is the
only attention she ever gets and ever will get. Her multiple personalities on ROR are her only
real friends (like Lucy,S, and AussieBoy) She has the worst luck in love and takes it out on
everyone else. She doesn’t just take it out on them, but she stalks them. She makes up new
accounts on Live Person to keep stalking you but its always links back to her. She thinks that
her Dr. title is a respectable one but how can anyone take this nut case seriously? Dr. Duffy
threatens everyone with a law suit and she still has not come through on any of her empty
promises. She is out to get any psychic that she can. She is mentally ill.
She shockingly works for the Australian government as a Senior Researcher from the
Respiratory Function Unit at the Repatriation General Hospital in Adelaide South Australia.
She has “ties” to a friend that works in the Australian FBI who helps her to hack emails. She
hacked into my account several times on Kasamba and my own personal email account. She
seems to work with friends in the Australian government that help her to hack into psychic
accounts. She is after all a government employee and holds a prestigious position. She hacks
into many different types of account to include: email accounts, kasamba accounts. She even
hacks psychic readers from her work place. If she knows your real name, I would get a fraud
alert put on your credit report because she knows how to hack. I am writing all of this to let
you know that this person is extremely sick. She has a crazy obsession with psychics and simply
won’t stop harassing them. I’m posting her information so that if any psychic wants to sue this
woman or get an order of protection against her, they have her information and you at least
know who she is. As you can see, she keeps posting lies on rip off report and shockingly she

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keeps on using her real name and says that she is guilty of doing some stalking. She also stated
in a previous rip off report that she can get away with this because of her position with the
Australia government. Wow!!! I was shocked to see that she is actually admitting to this and
the worst part of all, she admits to making up lies about psychics here on rip off report. Protect
yourselves against this stalker. If you find yourself getting hacked, chances are, it’s from her.
Once she has your information, she will try to mess your world up by hacking and stalking you
consistently. You have been warned. Please beware of Dr. Janice Duffy the psychic stalker
from Adelaide Australia.
Dr. jake
Los angeles, California
U.S.A.
This report was posted on Ripoff Report on 8/15/2008 10:36:21 PM and is a permanent record located
here: http://www.ripoffreport.com/psychic/dr-janice-duffy/dr-janice-duffy-senior-resear-c9534.htm.
Ripoff Report has an exclusive license to this report. It may not be copied without the written permission
of Ripoff Report.

 Blue J

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Ripoff Report 4

Report: #363738

Report: Dr. Janice M. Duffy Senior Researcher
Reported by: (Southhampton New York)

Dr. Janice M. DuffyDr.Janice M. Duffy Senior Researcher Dr. Janice M. Duffy
Adelaide, Australia continues to stalk Live person Kasamba Psychics Adelaide,
Australia Internet
Dr. Janice M. Duffy Senior Researcher
Respiratory Function Unit, Repatriation General Hospital,
Daws Rd, Daw Park
Adelaide, Australia, Internet 5041
U.S.A.
Phone: 61 8275 1189
Category: Psychic
Submitted: Sunday, August 17, 2008
Last posting: Monday November 03, 2008

Janice Duffy is coming to New York City in November to visit Liveperson directly at their
corporate office. She has been telling people this and she is not holding back any information.
Yes, she is traveling to New York City all the way from Adelaide Australia to purposely stalk
Liveperson. There is no saying what she is up to. She is posting files in her yahoo group and is
now working on stalking more psychics. She is still in the process of building her e-book about
psychics and trying to defame LivePerson. This would be fine to do if it would stop there.
However, she doesn’t stop there. She sends you multiple emails and goes to your personal
websites and stalks and stalks and stalks and stalks and stalks and stalks and stalks. It doesn’t
and will never end. So far I have not seen Janice Duffy do anything with her so called e-book.
However, she keeps saying that this manual is impressive and large. This deranged woman is
still on her rampage and she will never stop. Think about it. She is 52 years old and has spent
52 years on planet earth. The best that she can do with her life is lie, cheat, make false
accusations and stalk psychics. She mainly stalks psychics from the United States since they
really can’t bother her because she lives in Adelaide Australia. She is now using people to
work for her in the United States who will put up some room and board for her when she comes
into town to talk to Liveperson directly in their corporate office. Dr. Janice M. Duffy from
Adelaide Australia is the stalker behind most of the anti- psychic reports here on rip off report.
She uses different handle names and she admits to doing some stalking on one of her posts. Just
keep reading about Janice from Adelaide, Australia and you will see that she is really a twisted
sick person. I do not sympathize with her because she will never stop! Her posts just keep on
coming and coming every single day. Just read and read. You will find her here over and over
again. Be careful because she is out to get you. Just look at all of the innocent psychics she has
hurt here already and she will not stop. She is harassing, stalking and posting lies about
psychics daily. She wants you to feel sorry for her so that she can suck you in and become your
friend. When she is your friend, she will use your information against you and she will lie about

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you and make up stories about how evil you are and that she is of course the innocent victim
here. She has some sort of mental disorder and she loves to stalk online where she can’t get
caught so easily. She is one of these internet wackos that love to sit behind a computer and
stalk and stalk and stalk. Once she gets your email address, she will keep on sending you
emails and threatening ones. She won’t stop ever! You are better off changing your emails
address, phone number and living address if she gets a hold of it. This woman is clearly a
monster and to look at her, you would not think so. Her photo may be posted soon so that you
can get an image of who this woman really is and what she looks like. You would never think
that she could be capable of doing such things. She looks like your girlfriend from next door.
She is a senior researcher as reported in another report and she doesn’t look too tough.
However, behind a computer screen, she is a psycho. She stalks, taunts and harasses you over
and over and over and over and over again. I have a feeling that she is possessed because she is
literally hunting down psychics online and harassing them. Be careful about giving her your
paypal information. This has not been going on for just a week or two. This is years. Once she
has it, she will use your real name against you. That’s how she is able to get your personal
information. That is just one of her tactics. She also tries to befriend your other psychic friends,
in hopes that they will give her some information about you. Scary? Yes it is. There are several
victims of Dr. Janice M. Duffy. She stalked and harassed me daily. Does this story sound
familiar to you? If it does, then it’s because Dr. Janice M. Duffy has done it too far to many
psychics and she is proud of it. Her sick obsession with psychics is ongoing and even after a few
years; she is still at her games. She is now setting up groups with her anti psychic friends who
are trying to get information about psychics. If I were you, I would not give anyone out there
your personal details and information. She actually has psychics working for her. She tells
them that if they do what she says, then she will not put their names in her anti psychic e-book
that she is claiming on making available to everyone. That is of course blackmail. Many
psychics have fallen for it and are actually working with her. You never know when you are
going to be her next victim. I would personally work for a psychic network because once she
has your information, the stalking begins. I don’t even care about her having a problem with
psychic readings and writing ripoff reports about it’s not that. It’s really all about the stalking
and the harassing, threatening, lying and malicious attacks by her. You cannot win against a
stalker since it is a serious illness. It’s really bad for Dr. Janice M. Duffy from Adelaide
Australia you cannot win against her because she has some serious connections with the
Australian government that exempts here somehow from getting caught. I know that she has
hacked my email and my account several times with some government software that she or her
friends obtained. I don’t believe her motive is to steal your money. I believe it is just to find out
your information so that she can stalk you and threaten you. She has not yet taken any psychic
to court or Liveperson as of yet and she just makes up false lies and accusations against
everyone that she possibly can. Her message is clear. She is not out for justice. She is only out
to harass, stalk and make your life miserable because hers is miserable. She stalks and stalks. I
think I have made myself clear and I will keep posting as long as this stalker is still stalking
psychics. Remember Janice, nobody here is your friend and you think that your friend Jennifer
H. from the Bronx is really your friend and I can clearly tell you that she is not. Janice works in
groups and has many US psychic friends that are trying to help her to stalk psychics. They are
not out to seek justice or to get their money back. They only want to stalk, harass, threaten and
make you run from your psychic job. Look out for more reports. We will keep you up to date on
her stalking friends as well.
Susan
Southhampton, New York
U.S.A.

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This report was posted on Ripoff Report on 8/17/2008 12:09:41 AM and is a permanent record located
here: http://www.ripoffreport.com/psychic/dr-janice-m-duffy-se/dr-janice-m-duffydr-janice-81472.htm
Ripoff Report has an exclusive license to this report. It may not be copied without the written permission
of Ripoff Report.
…

#16

Susan
Karen – Henderson (U.S.A.)

SUBMITTED:
Wednesday,
August 20,
2008

You have nothing to worry about because no agency is going to take Janice’s crap seriously. I
am sure that your not worried. I have to admit watching her unravel like a loon is comical.
POSTED:
Wednesday,
August 20,
2008

You did the RIGHT thing by warning those SHE has hurt by using this site as her weapon.
Regardless if SHE agrees in your method and manner of doing so or not.
I home someone will use the information you provided to stop this loon from bothering them.
Be Blessed
…

#27

WHOA …ANNOUNCEMENT PEOPLE
Susan – Southhampton (U.S.A.)

SUBMITTED:
Tuesday,
August 26,
2008

WOW!! I must be a Psychic … yesterday I had a feeling that I should visit this site …WHICH I
HAVE NOT BEEN TO OR POSTED ON SINCE APPROX.MARCH, 2008! I KNOW SEE
THAT SOMEONE IS POSITNG FOR ME/AS ME!!
ACTUALLY, IT IS NO SURPRISE (JANICE). BE ADVISED I HAVE CONTACTED THIS
STIE AND THE MATTER IS BEING LOOKED INTO.
POSTED:
Tuesday,
August 26,
2006

GENERAL PUBLIC: IF YOU SEE A POST OTHER THAN THIS ONE FROM
SUSAN/SOUTHHAMPTON ….IT IS NOT ME. Janice is and continues to be a very, very
unstable individual and I don’t know what motivates her, nor do I care. She can pretend to be

 [2015] SASC 170

Blue J

135
me, post as me and paste my correspondence with her from when I THOUGTH she was legit.
ALL SHE WANTS.
Here’s a tip … once you escape from the ruthless world of lies attached to Kasamba …. Your
life becomes WONDERFUL.
So…do what you want….slander IS a crime…whatever. These posts are NOT FROM ME.
WHOA!
…

#38

Joy/Joy K

Patti – Madison (U.S.A.)
SUBMITTED:
Wednesday,
September
17, 2008

I noticed that this is the one recent Kasamba/LivePerson thread that the fake Joy K has not
posted on.
POSTED:
Wednesday,
September
17, 2008

Is it because it is actually Janice trying to bury this thread? Watch for a series of new threads
complaining to try to push this one down lower and lower so people don’t notice it.
…

#41

One more thing
Iris – Beverly Hills (U.S.A.)

SUBMITTED:
Wednesday,
September
24, 2008

I completely recant EVERYTHING I said months ago. I apologize. I was wrong. She had me
fooled.
JANICE IS STALKING PSYCHICS. NO doubt about it.
Oh, did she ever fly to NY on her broom? LOL
POSTED:
Thursday,
September
25, 2008

…

#60

The Reason ……
Karen – Henderson (U.S.A.)

SUBMITTED:
Saturday,
October 04,
2008

 Blue J

[2015] SASC 170

136
The reason Janice posted her personal information on this site is because she WANTS someone
from this site to contact her via this information. Especially on her job. This way she can play
the victim on her job and to her neighbours. She invites harassment but no one is stupid enough
to fall for this bull. To go as far to post as Susan and Maryanne is just sick. Everyone knows
shes a sicko except for the victims (Janice is the one victimizing them with manipulation and
lies) in her group and the no lifers who constantly arise to her defense whom very well could be
all her multiple personal ties because no one could be that stupid or could they? Someone
should start a anti Janice yahoo group around here. Nah. Then she would be over there acting a
damn fool. Let her rot in her own hell which has become her mind.
The group is obsessed with Kasamba/Liveperson website and ripoff report website. Shamefully
manipulated by Janice. I pray that one day the group members will tire of the blatant Janice
manipulation and lies and move on. This depends on how long they want to remain in the
dependent personality stage.

 [2015] SASC 170

Blue J

137

Ripoff Report 5

Report: #417297

Report: Janice Duffy – Her Group, Kasamba And Melodie Davd James
Bluedragon Connection
Reported by: (LA Alabama)

Janice Duffy Her Group And KasambaJanice Duffy – Her Group, Kasamba And
Melodie Davd James Bluedragon Connection She is psycho. Be there and be
prepared to have your information circulate through Kasamba utopia group
readers New York Internet.
*Consumer Comment: To Jackie in New York who wrote “Janice Duffy and her group
continue to be me dangerous, irresponsible and delusional”
Janice Duffy – Her Group, Kasamba
And Melodie Davd James
Bluedragon Connection
Liveperson.com
New York Internet
U.S.A.

Category: psychic fortune tellers
Submitted: Wednesday, January 28, 2009
Last posting: Friday, December 04, 2008

Janice is part of utopia – the group of psychics that discuss clients. She is the dog on a leash for
melodie, bluedragon, david james, nicola
Speak against their gang and you are in for a surprise, you will be bullied just like they bully
the psychics. they want the competition out so they are doing everything to take away other
psychics clients by bad mouthing them, editing their readings on this group and making
melodie, david james, nicola to be the stars of LP
Another kind of fraud!! send your readings to janice, all she will do is pass on your details to
melodie and dj and their group. Ever wonder how david james knows your details even before
you open your mouth in his chat readings? they client share details, try him on keen or melodie,
they are crap.
Since janice started her sh** melodie has risen, janice’s job is to find melodie more clients. try
her out, see if she is right for you. she is not a psychic nor an astrologer, she bull shitts her way
and plays with words. none of her predictions everrr come true. lying fraud.
Mia
LA, Alabama

 Blue J

[2015] SASC 170

138
U.S.A.
This report was posted on Ripoff Report on 1/28/2009 12.39:53 PM and is permanent record located here:
http”//www.ripoffreport.com/psychic-fortune-tellers/janice-duffy-her-gro/janice-duffy-her-group-andkas-afzef.htim.Ripoff Report has an exclusive license to this report. It may not be copied without written
permission of Ripoff Report.

 [2015] SASC 170

Blue J

139
Mia is RIGHT! Janice and the Kasamba
Utopia group are in it together
#1

Jackie – New York (U.S.A.)
SUBMITTED:
Thursday,
January 29,
2009

Janice admits she will not say bad things about Melodie or Nicola. That is because she is
helping them rise in the ranks. They give her free readings in exchange for the positive press.
Janice is in bed with that group of Melodie, Nicola, DavidJames and Bohemian Moon. DO
NOT SHARE YOUR TRANSCRIPTS WITH JANICE. Janice cant be trusted. She will post your
stories in her group and the group has psychics for members. Once she uploads your private
sessions for all to see, you are f*cked. Anything you tell Janice will become public. If you value
your privacy, stay away from Janice and her group.
POSTED:
Friday,
January 30,
2009

#2

Janice Duffy and her group continue to be more dangerous,
irresponsible and delusional

Jackie – New Your (U.S.A.)
SUBMITTED
Saturday,
January 31,
2009

---In weakguyonkasamba@..., bigstargazer@
wrote
Ok one of Tallulah’s predictions is now delayed by about 1 week or so, it was a strong
prediction due to happen over a week ago - & nothing yet. Not even a hint of it happening. I
thought abt going back to her to see whats happening – but the price is still steep. I’ll wait it out
a few weeks just to see if it will. But already I am sort of losing a bit of faith …! :(
This kind of post is exactly why Janice needs to be stopped. Her group is not about getting help
and stopping these of fake psychics. Janice continues to give advice to these poor souls about
which psychics are supposedly real and which are not.
Wake up call to the members of weakguyonkasamba. NONE OF THE PSYCHICS ARE REAL.
You are living in a fantasyland and should get professional counseling in the real world.
The above post by bigstargazer is proof positive of how dangerous Janice Duffy really is. These
people are talking about predictions and living their lives based on psychic predictions and
bigstargazer is even considering going back to the psychic again even though the prediction
isn’t happening!
…

 Blue J

[2015] SASC 170

140

#10

Nope Lisa, you are wrong

Jackie – New York (U.S.A.)
SUBMITTED:
Sunday,
February 01,
2009

I am not a member or former member of KU or EAK. I didn’t know what EAK was either, and
based on your answer I still don’t. I don’t know which experts are in which groups and frankly I
don’t care.
POSTED:
Sunday,
February 01,
2009

I am not targeting any one group or any one expert. I am saying that ALL OF THE PSYCHICS
ARE FAKES. I am not endorsing anyone. I am not suggesting that there’s someone you should
go to. I am saying DONT GO TO ANY OF THEM.
I am not an expert, psychic, reader, what have you. I once was needy enough to use the psychics
on liveperson (or kasamba when I was using it) and none of them were right. They all guessed
or did cold readings or made predictions that never came true and all blocked me once I let them
know they were wrong.
I have no transcripts to share as I am not on the site. I have no emails to share either. If I did
have any of that kind of evidence why would I be dumb enough to post it on a site like this?
Your demand for “evidence” is something Robin Bluedragon seems to do on this site all the
time. And “evidence” is something that Janice Duffy seems to share with everyone. For all of
her hot air since 2007 (for two years now), she has never gone ahead with any of her threats.
Her life purpose seems to be ot stalk and harass people and search for a real psychic.
I have no alliance with anyone.
…

#13

Janice personality splitting even more
Jackie – New York (U.S.A.)

SUBMITTED:
Friday,
February 13,
2009

So now she has 3 identities in her own group. Not only is she weakguyonkasamba and
gsinfoseeker, but now also warning543219876.
POSTED:
Friday,
February 13,
2009

 [2015] SASC 170

Blue J

141
She’s getting desperate. Still talking about who is real and who isn’t. Is still calling psychics.
Almost 2 years since she first came on the scene and she is still talking about doing a report.
A few months ago she promised she would go silent in the group, stop posting, and said she’d
go away to finish the report. That silence lasted only about a week, then she resurfaced with
multiple new identities in the group.
Maybe she is related to Nadya Suleman. Mentally unstable people.

 Blue J

[2015] SASC 170

142

Ripoff Report 6
Report #403390

Report: Janice Duffy Kasamba LivePerson
Reported By: (Houston texas)

Janice Duffy Kasamba LivePerson NZ Client Beware – a very friendly warning
NYC Internet
Janice Duffy Kasamba LivePerson
LivePerson
Internet
U.S.A.

Category: Astrologers & Psychics
Submitted: Saturday, December 20, 2008
Last posting: Friday, January 2008

Janice is in legal issues with Liveperson. If you do speak against psychics or in agreement with
her then choose your words wisely. Re-read your statement before posting in her group or
anywhere else because LP are picking up cases. Janice is in the center of all of this and she
knows it.
Fiona
Houston Texas
This report was posted on Ripoff Report on 12/20/2008 9.30:56 AM and is permanent record located
here: http://www.ripoffreport.com/astrologers -psychics/janice-duffy-kasamba/janice-duffy-kasamabeliveperso-dc63c.htm. Ripoff Report has an exclusive license to this report. It may not be copied without
written permission of Ripoff Repor

 [2015] SASC 170

Blue J

143
#4

All I am saying is to be careful of the use of words anyone uses in

forums

Fiona – Houston (U.S.A.)

Janice has sent de*th threats to people. She has been talking about having those threats herself
too, to protect herself. This has been getting worse since February 2008.
She is intelligent enough to post as different identities, use different kind of language with no
spelling problem. When she types as herself she makes very big mistakes, capital letters, going
on about Dr Jake because she is fighting the case as “Psychologically unstable and ill with
severe depression”. This is not true. She will keep on saying that she is not able to hold a forum
together, she loses temper, she is sick, she doesnt eat anything, she has other people who help
her through, she fell outside a gas station and hurt her head. These areall being used to prove
she is not well. She has email conversations with some members of the forum where she is
explaining how she is not psychologically fit. She is using these in her defense. She does not
want to be the moderator of her own forum because she wants to avoid this, this is shifting the
blame or sharing it.
She needs support from people more than anything right now. In her own forum she uses a few
identities to post as others, LP has track of this due to her IP and her use of cyber cafes. She
knows she is being watched, she keeps changing her computer by deliberately destroying them
few weeks at a time. She gets these replaced thinking she is leaving no proof of stalking and
threats.
I could go on about his but this is not the purpose to say what is happening regarding her. My
purpose is to let all those innocent people who are following her to publish her report, she
cannot publish. She is in a lot of trouble. Her initial motive might have been right but she has
gone so far in these de*th kind of threats to a few psychics and LP (including the CEO) that this
is getting worse by the day. Discuss, dont leave her forum. What you discuss should be legally
safe. The best way I know is to always use a disclaimer in any forum. Read everything before
you post where you are sure nothing comes across as a threat.
…

#20

Janice is Bluedragon and KU’s Puppet on a String

Charlotte58 – PITTSBURGH (U.S.A.)
SUBMITTED:
Sunday,
December
28, 2008

Robin Bluedragon and his KU Posse are who Janice gets her readings from. It’s them who have
been telling Janice who the supposed fake psychics are so that she can go harrass, cyberstalk
and generally anoy them till they go offline. Bluedragon and his KU Posse have been using
Janice all thi time to get rid of the real psychics who are the fakes competition. Bluedragon and
his KU posse are the real fakes but they set up a scam with Janice as the puppet on the string
doing there bidding in other words their dirty work for them.
POSTED:
Sunday,
December
28, 2008

 Blue J

[2015] SASC 170

144
Two of his current inner circle KU posse friends have been helping our research group Stop All
Fake Psychics Now for some time. We have evidence of the plots involving Janice in the form of
chat messenger copies, e-mail messages and private posting messages, as well as other
scamming plots and plans and client information sharing.
As for Janice, she is a dangerously unhinged individual that needs counselling and needs to get
away from fakes like Robin bluedragon and his KU Posse, because they are getting her to
harrass, bully, lie, cheat and cyberstalk real deal psychics, while they sit back laughing and
patting themselves on each others backs at how they’ve manipulated this person into doing
exactly w2hat they want her to do. Eventually and sooner rather than later, Janice will get into
trouble making the wrong enemies at Bluedragon and the inner circle KU Posse requests, and
when that does happen and she does get into trouble Robin and the rest of their gang will sit
back and hold up their hands and say that she was a trouble soul they were trying to help and let
Janice take the entire fall for all that has happened.
The cyberstalking, the harrassment, the fake suicide stories that were created by Bluedragon
and his KU inner circular Posse who gave Janice the idea and then sat back and watch this
unstable woman torture and upset real psychics, while they made jokes about Janice and talked
behind her back about all the mad and crazy things that they suggested that she do to the
supposed fake psychics who were actually the real psychics. It’s a sad and yet totally
unacceptable situation.