Internet giant Google has been ordered to alter its auto-complete feature by a German court if the terms thrown up are defamatory.
The federal court of justice in Karlsruhe upheld a complaint from an unidentified cosmetic company, identified only as “R.S.” When its name was typed in Google, the search engine auto-complete function suggested “Scientology” and “fraud” although the company said it had connections to neither.
The Karlsruhe judges said they had no problem with the auto-complete feature, introduced in 2008, which generates possible keyword combinations using an algorithm. However the court said Google had failed in its responsibility to ensure the search suggestions made by this service did not breach privacy laws.
Google was not obliged to examine all auto-complete terms for possible breaches of the law, the court ruled, but to act if contacted by people claiming they were defamed by the feature. If the problem persisted after this, the court ruled that Google would have to pay compensation to the affected person.
User activity
Google argued that the automatic suggestions were not a reflection of truth but of user activity. By proposing search term combinations used by previous users it says users saved typing. Its auto-complete suggestions vary by user and location but examples include "Tom Cruise Scientology", "Barack Obama Muslim" or, yesterday, "Angelina Jolie mastectomy". Another frequent result is: "I'm [age] and" either "still a virgin" or "pregnant".
Scientific studies have documented what the search results reveal about users in various countries. In France, for instance, researchers noticed an interest in knowing if celebrities were Jewish. In previous rulings, lower courts found in favour of Google, saying the auto-complete feature was not damaging enough to qualify as an infringement of privacy.
Yesterday’s ruling forces the lower court to amend its ruling in the case of the cosmetic company. It could have wide-ranging consequences for internet users in Germany, and for Google.
Google said it was “disappointed” by the ruling but would act after reviewing the written decision
'Prostitute'
Lawyers for former first lady Bettina Wulff have launched a separate legal complaint that "red light", "prostitute" and "escort" appear when her name is entered into the search engine. They say the auto-complete function adds credence to untrue rumours that began to circulate when her estranged husband, Christian Wulff, was German head of state. A ruling in Ms Wulff's case against Google was postponed pending yesterday's ruling.
