• the development of the multiple publication rule, from the high court's decision in dow jones & co inc v gutnick (2002) 210 clr 575 to the recent nsw district court decision in otto v gold coast publications pty ltd  nswdc 101. The high court of australia rejected dow jones's appeal that a defamation suit brought by australian businessman joseph gutnick should be brought in new jersey, where the article was placed on the internet, rather than in australia. Dow jones v gutnick essay sample the case of dow jones & company inc v gutnick (2002) 210 clr 575,  hca 56 raised the legal principle of defamation and its application when committed over the internet. This project is funded by the wharton-smu research center, singapore management university an essay on law-making in implications of dow jones v gutnick, 31.
By the muddy waters of internet jurisdiction - april 10, 2007 as you may have heard, the internet is an information revolution it is a global market place of ideas that creates the opportunity for anyone anywhere to publish to everyone everywhere. To some extent, those questions were addressed in dow jones & company inc v gutnick,' in which the high court considered whether to reshape the law of defamation as it applies to material published on the internet. Torts - defamation - publication - internet - computer server - material complained of housed on computer server in united states of america - uploaded to world wide web - viewable at subscription news site on world wide web - downloaded to computer in victoria - whether material complained of was published in victoria.
Dow jones falls into the last category loudly prosecuting its case in the court of public opinion brings benefits dow may have failed in court, but defending his position cost gutnick dearly and generated far more publicity than the original claim. At issue in the dow jones vgutnick case is how publication is defined in cyberspace: whether material is published when it is uploaded onto computer servers, or when it is downloaded by readers. Abstract joseph gutnick sued dow jones in relation to statements made by dow jones in the web version of its publication barron's digest gutnick chose to sue in victoria, the jurisdiction in which he has his principal place of residence.
Gutnick v dow jones & co inc  vsc 305 supreme court of vic- 28 august 2001 facts an article headed unholy gains was published in barrons magazine and also placed on the defendant's website located in new jersey usa. Dow jones v gutnick essay sample the instance of dow jones & a company inc v gutnick ( 2002 ) 210 clr 575 [ 2002 ] hca 56 raised the legal rule of calumny and its application when committed over the cyberspace. Interpreting dow jones & company inc v gutnick this 8 page paper considers the approach taken by the high court of australia in dow jones v gutnick towards the issue of jurisdiction on the internet and considers if this is sound and how it may be seen in the context of uk and us law. Dow jones' offices in new york and uploaded to dow jones' servers in new jersey, from where it was made available over the internet throughout the world, including australia.
Dow jones and company inc v gutnick interpretation in eight pages this paper examines internet jurisdiction in an interpretation of this australia high court case, which is also compared with laws of the united states and the united kingdom. Dow jones essay v gutnick best essay website kalamazoo english essay pdf about environmental issues my way of learning essay travelling essay writing future plans. The high court decision in the landmark dow jones v gutnick defamation case in december 2002 was eagerly anticipated the unanimous decision that defamation occurs where internet material is downloaded rather than where it is uploaded angered media proprietors and free speech advocates who predicted publishers would have to work to the lowest common denominator of the most restrictive laws.
This article focuses on choice of law in the context of internet defamation with reference to a recent australian high court decision, dow jones v gutnick the case raised a myriad of issues. To consider such questions, this paper investigates a defamation dispute involving an australian businessman, joseph gutnick (gutnick), and an american publisher specialising in economic reports and analyses, dow jones and company (dow. The lesson of the gutnick case (dow jones v gutnick  hca 56) is that: publication of defamatory material on the internet is deemed to occur wherever a third party downloads it, not just in the place where the publisher uploads it.