In the light of that concern about subsection (1)(c) I am not satisfied that, if Google
Inc were found to be a publisher of the defamatory comments on Byrne v Deane
principles, section 1 of the 1996 Act would provide it with an unassailable defence.
47. For that reason it is necessary to move to the next issue considered by the judge,
namely the question whether any potential liability on the part of Google Inc was
sufficient to justify the maintenance of the proceedings against it. The judge appeared
to treat this as a subsidiary point under his consideration of the statutory defence, but
it is in truth a distinct issue which assumes real importance in this case if I am correct
in the conclusions I have reached so far.