Google cleared of misleading conduct
Google has been cleared of false and misleading conduct after the High Court upheld the company’s appeal from an earlier Federal Court ruling which concluded the search giant had contravened the Trade Practices Act.
The Australian Competition and Consumer Commission (ACCC), which brought the case against Google, said it will now review the ruling to ‘understand whether it has broader ramifications and will consider any consequences for enforcement of the Australian Consumer Law.’
“The ACCC took these proceedings to clarify the law relating to advertising practices in the internet age. Specifically, we considered that providers of online content should be accountable for misleading or deceptive conduct when they have significant control over what is delivered,” ACCC Chairman, Rod Simms, said.
The High Court’s decision focused only on Google’s conduct. In the facts and circumstances of this case the High Court has determined that Google did not itself engage in misleading or deceptive conduct,” Mr Sims said.
“It was not disputed in the High Court that the representations made in sponsored links by advertisers were misleading or deceptive.”
“It remains the case that all businesses involved in placing advertisements on search engines must take care not to mislead or deceive consumers,” Mr Sims said.