By Patrick Avenell
The ACCC is appealing the recent Federal Court decision that handed victory to Google in a case concerning the placement of paid advertisements on the website.
At the centre of the case was advertisements placed by sponsors that named companies and products not associated with the advertiser. For example, an online retailer placing an ad that referenced a popular product that could potentially deceive users into thinking they were going to that product’s website.
Fundamental to the ACCC’s case is their belief that online publishing needs to be reviewed in separate terms to traditional media, such as print and television.
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“The role of search engine providers as publishers of paid content needs to be closely examined in the online age,” said ACCC chairman Rod Sims. “Specifically, it is important that they are held directly accountable for misleading or deceptive paid search results when they have been closely engaged in presenting and publishing those results.”
Sims continued to say that we would like the world of online publishing to have more transparent laws. The ACCC estimates that search engine advertising is worth $830 million in Australia, of which it states Google is the “dominant” provider. No source for this figure was provided.
“It is very important that the law in this area is clarified and fully understood,” Sims said.
UPDATE: A Google spokesperson provided the following comment: "We have received the news of the appeal and we are currently reviewing it".