On the basis of Eady J’s findings, it would seem that few ISPs can be classed as “common law publishers” for the purposes of a defamation action because few take positive, technical steps to publish defamatory content.
As Google was not a common law publisher, the Court could have declined to opine on whether Google could avail itself of the two defences pleaded. Nevertheless Eady J went on to discuss these defences (in non-binding obiter statements) and, once again, interpreted them in a way that was most favourable to ISPs.