Archive Classified Shopping Promotions Games Fast Times My Profile

WORLD
Bali bombing
War on Terror
Middle East
The Euro
French Election
The Great Divide
Christmas appeal
TIMES ONLINE
Home
Breaking news
Britain
World
Business
Sport
Your Money
Comment
Sports Book
Travel
Shopping
Classifieds
Law
Games
Crossword
Motoring
Property
Student
Sunday Times
NEWSPAPER
Sunday
Monday
Tuesday
Today
Thursday
Friday
Saturday
QUICK CLICKS
Appointments
Arts
Books
Contact Us
Creme
Education
Film
Finest
First night
Food and Drink
From the Archive
Good University Guide
Health
Online Specials
Play
Promotions
Style Guide
Subscription
Supplements
Talking Point
Television and Radio
The Register
Times e-mail
Times 2
Times Services
Weekend

World News

December 11, 2002



Joseph Gutnick, the mining magnate who won the right to sue the US online publisher Dow Jones in Australia

Net libel actions can be brought anywhere in world


A LEGAL ruling made by an Australian court yesterday could clear the way for worldwide libel litigation over internet material, lawyers and industry leaders say.

The decision by the High Court of Australia, sitting in Canberra, in effect allows litigants to mount libel cases anywhere in the world over website material, not just in the website’s country of origin.

International media organisations that have a strong internet presence are deeply concerned. They fear that anybody who objects to a website article, particularly celebrities or politicians, will be tempted to sue in a country that has favourable defamation laws.

The ruling, that internet content is deemed to have been published in any place where it is viewed online, means that a website publisher could face multiple defamation actions from countries with the strictest libel laws, such as Britain.

In a unanimous judgment, the Canberra High Court dismissed an appeal by the international news agency Dow Jones to have a defamation action, brought by the Melbourne businessman Joseph Gutnick, heard in the United States. Instead the court ruled that the case could be heard in his home state of Victoria.

Mr Gutnick, a mining magnate, had sued the American-based news agency over an article that appeared on Barron’s website, which is published by the owners of The Wall Street Journal and Dow Jones.

Mr Gutnick argued that the proceedings should take place in Melbourne, where the article was downloaded. Dow Jones wanted the case to be heard in America, where the story was written and posted on the internet.

In America publishers enjoy freedom-of-speech protection under the First Amendment, unlike some other countries where more draconian defamation laws are heavily weighted in favour of the claimant. Australia has some of the strongest libel laws in the world.

Mark Stephens, a lawyer for Dow Jones, said: “This is a very worrying decision. Are those who provide material on the internet, such as newspapers, going to have to filter their stories with a view to the country which might receive them? “Under this ruling, would we see The Times dragged before the courts of Indonesia for its coverage of bombing atrocities if someone there thought this libellous?” One of the judges, Mr Justice Kirby, had urged reform to tackle the problem, Mr Stephens said. “One proposal floated at the recent International Bar Association conference is that people could sue anywhere but the article would be judged by the laws of the country where it was published.”

Mr Stephens added that libel lawyers in Britain could see a boom in business as here the burden of proof is on the defendant. “People will look around and bring libel actions in countries that are nothing to do with the article concerned.”

Mr Gutnick welcomed the decision because it would “re-establish that the net is no different than the regular newspaper”.

He added: “You have to be careful what you write and if you offend somebody or write malicious statements about people you can be subject to being prosecuted.”

The Internet Industry Association said that it would be “another straw in the camel’s saddle bag” for online publishers. Many might be tempted to give up, he said.

 
Print this article Send to a friend Back to top of page
 
  ALSO IN THIS SECTION
  Brutalised poor await their fate while the rich live it up

  Net libel actions can be brought anywhere

  The Tiger of Gujarat preys on India's soul

  Panic as Venezuela strike hits ninth day

  Palace doors part to reveal enigmatic Princess

  Publish online and be damned

BREAKING NEWS
World from PA
Israeli troops in new assassination
10 killed in Indian bus plunge
New York murder rate at 40-year low
Alleged terror mastermind held
UN force steps up Iraq inspections
TOOLS & SERVICES
Find a holiday
Search our database of flights, city breaks, holidays and late deals, today including 2 nights in Paris from only £105
.........................................
Money Shop
Search and compare loans, credit cards, mortgages and other financial products and buy online
.........................................
Urban Brunch
An exclusive offer on Harden's Guides in association with Ford Fusion and Harden’s, and a list of the best cafés, restaurants and pubs in Britain for Brunch
.........................................
The Sunday Times Enterprise Network
Case studies, information, advice, events and exclusive offers for middle market businesses online
.........................................
Crossword Maestro
Get the expert software system for solving crosswords
.........................................



Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times.

Copyright 2002 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.
To inquire about a licence to reproduce material from The Times, visit the Syndication website.