U.S. publisher can appeal decision allowing libel suit in Australian court
By The Associated Press
12.15.01
CANBERRA, Australia — The High Court ruled today that U.S. news giant Dow Jones & Co. can appeal a lower court decision allowing a businessman to sue the company in an Australian court over an article published in the United States and posted on the Internet.
In August, the Supreme Court of Victoria state ruled that Melbourne businessman Joseph Gutnick could sue the company for defamation in a court here over an article published in an online version of its Barron's business magazine.
The decision sent shock waves through the global publishing industry as it opened up the possibility that publishers and Internet sites were potentially open to litigation in any country that allowed defamation cases.
Today's decision by a judge of Australia's highest court allows for the possible reversal of the state Supreme Court decision.
Appearing in court for Dow Jones, celebrity lawyer Geoffrey Robertson argued that the earlier Victoria Supreme Court ruling meant anything published on the Internet could be subject to litigation in 191 countries and would have a significant impact on freedom of speech in cyberspace.
He said the matter should be heard in the U.S. state of New Jersey where the article was printed rather than in Victoria where it was downloaded.
Lawyers for Gutnick had argued the case should be heard in his hometown of Melbourne since people in Victoria were able to access the Internet to read the article — thereby defaming him where he is best known.
Analysts say the High Court's ultimate decision will have far-reaching ramifications for the global publishing industry.
A date has yet to be set for the hearing.