Gutnick Internet libel case
10 December 2002
The High Court of Australia's ruling in the defamation case between Victorian businessman Joseph Gutnick and international news service Dow Jones is an important, but not surprising, decision.
The decision has settled the question of "publication" for the purposes of Australian defamation law, says Allens Arthur Robinson senior associate Belinda Thompson.
The High Court has determined that material is published on the Internet in the place where it is accessed and read, and will be subject to the defamation laws of that jurisdiction.
"It is the first time that an ultimate appeal court has determined this question," Ms Thompson said. "This confirms that people who use the Internet to communicate are subject to the same responsibilities as any other publisher.
"If you want to have the benefit of the breadth of communication that the Internet provides, then you also have to take the burden of responsibility that comes with that."
Ms Thompson said the decision was consistent with decisions made by other courts in Canada, the UK and Malaysia.
Ends
For further information, please contact:
- Belinda ThompsonPartner,
Melbourne
Ph: +61 3 9613 8667
Belinda.Thompson@aar.com.au - Melinda WoledgeCommunications Editor,
Melbourne
Ph: +61 3 9613 8160
Melinda.Woledge@aar.com.au
Notes for editors.
Allens Arthur Robinson has staff in 14 cities and eight countries across the Asia Pacific.
The firm has been named Asia Pacific law firm of the Year at the Legal Business Awards in the UK and Regional Law firm of the Year at the IFLR Awards in Hong Kong.
In 2001 Thomson Financial rated the firm Number 1 in Asia for Project Finance work and Number 1 in the Asia Pacific for Mergers and Acquisitions.
In 2001 Allens Arthur Robinson and UK-based Slaughter and May entered into a "best friends" relationship in the non-Japan Asia Pacific region. This means that the firms can jointly pitch and carry out work in the region while retaining their own independence. They are currently working on a three billion pound energy project in Thailand.
