Dow Jones & Co Inc v Gutnick
Judgment of the High Court of Australia / From Wikipedia, the free encyclopedia
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Dow Jones & Co Inc v Gutnick was an Internet defamation case heard in the High Court of Australia, decided on 10 December 2002. The 28 October 2000 edition of Barron's Online, published by Dow Jones, contained an article entitled "Unholy Gains" in which several references were made to the respondent, Joseph Gutnick. Gutnick contended that part of the article defamed him. A key judgement was that the suit could be brought in Australia.
This article includes a list of general references, but it lacks sufficient corresponding inline citations. (April 2009) |
Quick Facts Dow Jones & Co Inc v Gutnick, Court ...
Dow Jones & Co Inc v Gutnick | |
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Court | High Court of Australia |
Full case name | Dow Jones & Company Inc v Gutnick |
Decided | 10 December 2002 |
Citation(s) | [2002] HCA 56, 210 CLR 575, 194 ALR 433, 77 ALJR 255 |
Case history | |
Appealed from | Supreme Court of Victoria |
Court membership | |
Judge(s) sitting | Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne & Callinan JJ |
Case opinions | |
(7:0) Existing principles of defamation law are that legal proceedings should be undertaken in the place where the communication is received, not where the communication is sent from. This applies equally to internet communications, despite the new nature of the technology. (per Gleeson CJ, McHugh, Gummow & Hayne JJ; Gaudron J concurring; Kirby J & Callinan J agreeing in separate judgments) (7:0) In this case, involving information published on the Internet in the United States and read in the State of Victoria, Australia, the suitable jurisdiction for a court action is Victoria. (per Gleeson CJ, McHugh, Gummow & Hayne JJ; Gaudron J concurring; Kirby J & Callinan J agreeing in separate judgments) |
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