April 18, 2008

Libel your competitors with Google Adwords

Written by Brian Turner

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It’s easy to libel third-parties - and competitors - with Google Adwords.

The ads go through without review, and Google appears oblivious to its obligations under legislation regarding defamation in the UK.

I know this for a fact because some unhappy bunny attempted the same on my company name over the past 2 months.

The only way to automatically prevent this is to ensure your company trademark cannot be bid upon.

However, as Google have announced that they will no longer block ads which violate Trademarks from use in Google Adwords, it means the potential for libel abuse is about to increase.

Potential libel issues with Adwords

What am I talking about?

Part of my own diversification program involves developing web publishing assets, and this includes a UK-based forum for discussing property.

Unfortunately, people who had bought houses from a certain regional builder started posting complaints about the quality of the building work, and the level of customer service.

I’m already watchful over defamation issues in my forums, but as the same complaints had already been published as fact in the regional press, without apparent action, it appeared safe to allow these comments to stand.

The director of the building company contacted me with concerns, I offered to help work with his PR company to address customer complaints, and all seemed fine.

Then doing some last minute admin about an hour before catching a plane to speak at SES London, I noticed an Adwords campaign triggered by a search of my company name - claiming my company destroyed business reputations.

The ad was obviously potential libel.

The ad didn’t have a working link, but referred to the property site, which strongly suggested the building company were behind this.

The ad also appeared geo-targeted only to Scotland, which meant that I wasn’t going to be giving speeches on search matters with my reputation in tatters.

However, if the ad had been targeted across the UK at that time, then the matter would already have been referred to the legal system for damages.

I raised the issue by email with the Google Adwords team, by telephone, in person with a Google Adwords rep at their booth at SES.

The verbal response is that the matter would be looked into - the eventual email reply was that I could have ads triggered by my company name excluded via their Trademark exclusion list.

Trademarks - not accessible for young companies

The problem is, getting a Trademark is a process that can be complicated - and inaccessible - as it is.

According to previous legal advice, a company should be trading as a name for five years before they have a reasonable chance of succeeding in filing a registered Trademark in the UK.

In other words, Google Adwords only sought to protect against Trademark violations, not defamation.

A follow-up email pointed out to Google Adwords that the legal precedent has already been set in the UK - publishers are liable for defamation. That is precisely why I have to pay so much attention to the issue as a forum admin.

The ad disappeared - then reappeared a few weeks later.

I sent a final email to Google, reminding them of the potential defamation, and stating that this was the last non-legal communication with them, and the ad finally disappeared.

Google to open up to defamation issues?

The problem is that Google’s recent announcement on Trademark bidding makes it clear that it will no longer protecting Trademark terms against bidding anyway:

For complaints received on or after Friday 4 April 2008, we will no longer review a term corresponding to the trademarked term as a keyword trigger.

However, we will continue to perform a limited courtesy investigation of complaints regarding ad text purported to be in violation of a trademark.

Beginning 5 May 2008, keywords that were disabled as a result of a trademark investigation will no longer be restricted in the UK and Ireland.

In other words, there’s a danger of the ad potentially defaming my company being republished - yet again.

I’ve already made it plain to Google Adwords that I’ve made every reasonable attempt to address the issue informally, that Google Adwords is liable as the publisher of defamation, and that in future the matter will be resolved via my solicitors.

While Google Adwords may believe that removing the Trademark exclusion list on May 8th opens up additional advertising - and revenue - opportunities for themselves, it’s also clear they invite clear legal issues if the system is absued.

And should the same defamatory advertising go live again on May 8th, it will indeed be my solicitors, not Google, whom I will be in contact with.

Filed Under Internet