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Is this Google Ad legal?

  • 16-11-2009 5:17pm
    #1
    di11on
    Registered Users, Registered Users 2 Posts: 1,262 ✭✭✭


    Hi all,

    Was browsing a parenting forum and came across the attached Google Ad.

    The interesting thing is it is an 01 number being advertised suggesting they are Dublin based?

    Is it legal? I guess it must be fuzzy with websites, but does Irish law have jurisdiction over Google regarding ads it serves to Irish IP addresses?

    I'm not interested in the moral side of this question, just looking for people's legal opinions


Comments

  • #2
    Guy:Incognito
    Registered Users, Registered Users 2 Posts: 38,247 ✭✭✭✭Guy:Incognito


    Would it not be similar to say the likes of Dell giving an 01 number that re routes to go knows where but is still charged at a local rate?

    I cant see any issue with this tbh.


  • #3
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Not sure if it would be covered by section 3 or section 4 of the 1995 act
    http://www.irishstatutebook.ie/1995/en/act/pub/0005/print.html

    Is an internet ad akin to a pamphlet or a public notice?

    I wonder if google adword's legal department has looked into this? They seek compliance with the laws of the country to which the ad is viewable, so if its viewable in the republic of ireland they will ensure its in compliance with irish law.


  • #4
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    I was trying to find this.

    My thinking was that the IP address might have been resolving outside the Jurisdiction, that being where the advert content is legally shown. Such issues arise where peering might/does allow telcos and ISPs send traffic abroad etc.

    I think I might raise this with Google.

    Tom


  • #5
    di11on
    Registered Users, Registered Users 2 Posts: 1,262 ✭✭✭di11on


    Tom Young wrote: »
    I was trying to find this.

    My thinking was that the IP address might have been resolving outside the Jurisdiction, that being where the advert content is legally shown. Such issues arise where peering might/does allow telcos and ISPs send traffic abroad etc.

    I think I might raise this with Google.

    Tom

    Would be interested to hear the outcome, if you contact them.


  • #6
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Actually I note that the ECJ Advocate General has just released an opinion in a case due to heard next week where Google are to lose their Adword Host exemption which they could rely on in the context of the advert above.

    Here is a link to it: http://curia.europa.eu/jcms/upload/docs/application/pdf/2009-09/cp090075en.pdf

    Advocate General’s Opinion in Joined Cases C-236/08, C-237/08 and C-238/08
    Google France & Google Inc. v Louis Vuitton Malletier, Google France v Viaticum & Luteciel
    and Google France v CNRRH, Pierre-Alexis Thonet, Bruno Raboin & Tiger, franchisée Unicis


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