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.