http://www.theage.com.au/articles/2002/12/10/1039379819086.html
Gutnick wins right to have Web libel case heard in Vic Canberra December 10 2002 Libel cases based on Internet material could be mounted anywhere in the world, after a landmark judgment handed down by the High Court today. International news service Dow Jones failed in its bid to have a defamation action brought by mining magnate Joseph Gutnick heard in the United States. In a judgment with implications for Internet publishing worldwide, the High Court unanimously dismissed Dow Jones' appeal and gave the green light for the defamation case to be heard in Mr Gutnick's home state of Victoria. The landmark judgment means material published on the internet is deemed to have been published in the place it is viewed online, not the country of origin. There were some limits on defamation actions, the court said. In its judgment the court dismissed Dow Jones' concerns of multiple defamation actions brought as a result of one publication, saying subsequent legal action could be found to be vexatious. It also noted a claim for damages could be brought only if the person had a reputation in the place where the publication was made. "Finally if the two considerations just mentioned are not thought to limit the scale of the problem confronting those who would make information available on the worldwide web, the spectre which Dow Jones sought to conjure up in the present appeal - of a publisher forced to consider every article it publishes on the worldwide web against the defamation laws of every country from Afghanistan to Zimbabwe - is seen to be unreal when it is recalled that in all except the most unusual of cases, identifying the person about whom material is to be published will readily identify the defamation law to which that person may resort," the court said in its majority judgment. Mr Gutnick had taken action against the US-based news service for an article on the Barron's website hosted by The Wall Street Journal. Dow Jones was disappointed it lost the High Court appeal but will continue to defend the defamation action brought by Mr Gutnick. "The result means that Dow Jones will defend those proceedings in a jurisdiction which is far removed from the country in which the article was prepared and where the vast bulk of Barron's readership resides," Dow Jones said in a statement. The news service argued that defamatory material displayed on the Internet was published for the purposes of defamation where it was uploaded, not where it was downloaded by individual readers around the world. But the High Court rejected that argument. However, Dow Jones was encouraged by recognition within the judgments of the unique challenges of the Internet. The leading judgment indicated that after jurisdiction is decided, courts may consider a defence which would look at the publisher's conduct including the rules of defamation in the place where the conduct occurred, the news service said. "Mindful of these comments, as well the long-established principles endorsed by the High Court, Dow Jones will continue its defence of the action brought by Gutnick in the Supreme Court of Victoria,'' Dow Jones said. AAP _______________________________________________ http://www.mccmedia.com/mailman/listinfo/brin-l
