As users, and not Judges, they have obviously never heard of Google bombing, in which there is a concerted effort to use link people with a defamatory phrase. But the object of the link has no defamatory content - it is the link building process combined with an understanding of the google algorithm which produces the overall result.
This blanket rule that links cannot be defamatory unless they repeat the defamatory content to which they link seems overbroad.
Slander v Libel
This is not particularly well thought out.
As users, and not Judges, they have obviously never heard of Google bombing, in which there is a concerted effort to use link people with a defamatory phrase. But the object of the link has no defamatory content - it is the link building process combined with an understanding of the google algorithm which produces the overall result.
This blanket rule that links cannot be defamatory unless they repeat the defamatory content to which they link seems overbroad.
I think the dissent is more thoughtful.