The legality of the operation of Google’s search engine, and its liability as an Internet intermediary, has been tested in various jurisdictions on various grounds. In Australia, there was an ultimately unsuccessful case against Google under the Australian Consumer Law relating to how it presents results from its search engine. Despite this failed claim, several complex issues were not adequately addressed in the case including whether Google sufficiently distinguishes between the different parts of its search results page, so as not to mislead or deceive consumers. This article seeks to address this question of consumer confusion by drawing on empirical survey evidence of Australian consumers’ understanding of Google’s search results layout. This evidence, the first of its kind in Australia, indicates some level of consumer confusion. The implications for future legal proceedings in against Google in Australia and in other jurisdictions are discussed.

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Google，澳大利亚的在线搜索和消费者困惑

Google的搜索引擎的运行合法性及其作为Internet中介的责任已在各个司法管辖区以各种理由进行了测试。在澳大利亚，根据《澳大利亚消费者法》，针对Google如何展示其搜索引擎的结果，最终针对Google的诉讼未果。尽管索赔失败，但仍未充分解决几个复杂的问题，包括Google是否能充分区分其搜索结果页面的不同部分，以免误导或欺骗消费者。本文力图利用澳大利亚消费者对Google搜索结果布局理解的经验调查证据来解决消费者困惑的问题。该证据是澳大利亚首例，表明一定程度的消费者困惑。