The Expanding Web of Defamation: Gutnick v Dow Jones
AbstractThe author discusses a recent Australian case involving a claim for defamation by publication on the Internet from a source in the United States. He surveys Australian, United States and Commonwealth law on the issue of jurisdiction and concludes that authors who post material on the Internet may now find themselves the subject of proceedings in foreign jurisdictions, even if the material does not offend the law where it is posted, provided that the material has a sufficient connection with the jurisdiction where proceedings are instituted. Those responsible for the operation of a site may similarly find themselves subject to an action for defamation. |