There has been a lot of hoo-ha about nude celebrity
photos recently. Poor old J-Law just couldn't cop a break...
It's reported that Google faces possible legal action from
unnamed (but obviously very extremely famous) women affected by the
hacking spree. They have demanded that Google pay $100 million in
damages for failing to remove the nude pictures from Google-owned
sites like YouTube and BlogSpot quickly enough. Google has
responded saying that it removed tens of thousands of pictures
within hours of requests being made. The nude celebrities say there
are still loads more images that have not yet been removed despite
The claim could be legit. In the US there is legislation that
says if you host a website and there is unlawful material posted on
that website, you have to act swiftly to take it down once notified
of it. If Google dragged its heels, then it's on the hook for
perpetuating the unlawful conduct. And thinking about the likely
volume of traffic to nude celeb pics, Google could have made a lot
of money by leaving the pictures up longer.
There are similar laws here, although not as far reaching as the
US ones. If you host a website and someone posts material on that
website that infringes IP or is defamatory then you need to take it
down as soon as possible once you're notified of it. If not,
you can be liable as well as the person who posted it. Claimants
often prefer to go after the website hosts for damages because the
host is easier to identify and has deeper pockets.
Most websites that host user generated content have systems in
place for people to notify illegal conduct and ask for material to
be taken down. That is the best way to manage the risk of liability
for third party material on the site. The host websites come
unstuck when they don't implement their system properly. Then
it's pay day for J-Law and her buds.
We do not disclaim anything about this article. We're
quite proud of it really.
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The issue of recording telephone calls was recently considered in the Federal Court in Furnari v Ziegert  FCA 1080.
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