Section 10D — Defamation Act 2005 (NSW)

(1) A search engine provider for a search engine is not liable for defamation for—
(a) the publication of digital matter comprised of search results if the provider’s role was limited to providing an automated process for the user of the search engine to generate the results, or
(b) the publication of digital matter to which the search results provide a hyperlink if the provider’s role in the publication of the matter is limited to the role mentioned in paragraph (a).
(2) Subsection (1) does not apply in relation to search results, or to digital matter to which the search results provide hyperlinks, to the extent the results are promoted or prioritised by the search engine provider because of a payment or other benefit given to the provider by or on behalf of a third party.
(3) Subsection (1) applies regardless of whether the search engine provider knew, or ought reasonably to have known, the digital matter was defamatory.

Related sections

• s 10A — Serious harm element of cause of action for defamation
• s 10B — Definitions
• s 10C — Exemption for digital intermediaries providing caching, conduit or storage services
• s 10E — Early determination of digital intermediary exemptions
• s 11 — Choice of law for defamation proceedings
• s 12 — Application of Division

Research how courts apply s 10D

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.