Earlier this week an Italian Court ordered Google to remove some defamatory search suggestions from its search engine. The Court noted that Google is a hosting provider within the meaning of the E-Commerce Directive. Based upon that classification Google is, as the Court held, required to remove unlawful search suggestions when informed accordingly. 

Starting point for the procedure was a complaint from an Italian who, when writing his name into Google’s search engine, was presented with the suggestions "fraude" and "fraudster". Google refused to cooperate with complainant’s request to voluntarily remove the defamatory search suggestions, partly on the grounds that these were the result of the most used search terms by other users and special software to optimize Google’s search results.  

The Italian Court held that Google is legally bound to respond to complainant's request, but that it is not bound to monitor the software’s suggestions to prevent defamatory or otherwise unlawful search suggestions to be presented. However, Google is bound to cooperatie with request to remove unlawful search. 

Source: DLA Piper / IPT Italy Blog