Jort Kelder is appealing the ruling of the District Court of Amsterdam. The court recently ruled that Google is not liable for the content of advertisements. Not even if they are fake ads in which pictures of Dutch celebrities are used without permission. Kelder believes that Google has its own responsibility in this matter.
Matthijs Kaaks and Otto Volgenant, Kelder's lawyers, confirmed this to news agency ANP.
In mid-May, several Dutch celebrities went to court to force Google and Twitter to immediately stop spreading fake ads and fake tweets. The ads and tweets in question used photos of Jort Kelder and Alexander Klöpping, among others, to praise Bitcoin and other crypto currencies to the skies. Investing in cryptos yields high returns, the message said.
However, Kelder and the others had nothing at all to do with these advertisements. These were fake ads and fake tweets in which their image was unlawfully used to advertise a financial product. The advertisers were deliberately trying to mislead Internet users. Google and Twitter allegedly did too little to counter this form of deception.
The court disagreed. Instead of suing the Internet platforms, prosecutors should target the advertisers behind the fake ads and fake tweets. "Google and Twitter, as Internet platforms, are not automatically liable for the content of ads placed by an advertiser. To assume liability on the part of Google and Twitter, the companies themselves must be culpable. The court finds that this is not the case in this instance," the judge said in the ruling (1).
Kelder was unapologetic about the court's ruling. "Google has demonstrably shown ads with my image 2,500 times. I don't think Google can hide behind anonymous addresses, causing damage to small investors," the economist and TV presenter said.
After the verdict, he already announced that he was considering appealing. However, he had not yet made a final decision. His lawyers Matthijs Kaaks and Otto Volgenant informed news agency ANP that they were going to challenge the decision. In a statement, they write that "the active interference of Google and Twitter in the distribution of malicious advertisements makes them liable for it."
Platforms such as Google and Twitter, according to the lawyers, allow the distribution of ads that look like news stories. In reality, they are advertising. That's not obvious to everyone. "And it's just so important, especially also because both Google and Twitter allow anonymous advertising. That means that no one could be held accountable for the unlawful Bitcoin ads, and that is of course unacceptable. Google and Twitter have their own responsibility here."
https://www.vpngids.nl/nieuws/rechter-google-niet-aansprakelijk-voor-inhoud-advertenties/
