Andrew Stroehlein on Internet publishing law
The High Court of Australia ruled today that publisher Dow Jones can be sued in the Australian state of Victoria for an article posted on Barron's Online, a U.S.-based website owned by Dow Jones. Despite submissions to the Court in support of Dow Jones from the likes of Reuters and Amazon.com, among others, the Court ruled that, despite the location of the hosting server, the alleged defamation of the plaintiff,
Mr. Joseph Gutnick, took place in Victoria. And, apparently, everywhere else, as the judge's ruling reads: "For myself I would see no immediate reason why, if a person has been defamed in more than one jurisdiction, he or she, if so advised might not litigate the case in each of those jurisdictions." This
ruling in the case of
Dow Jones & Company Inc v Gutnick could open the floodgates to an unimaginable amount of litigation. Here come the lawyers.
An opportunity to retract and correct is all that publications...
