Dow Jones and Company, Inc v Gutnick M99/2001

The High Court of Australia considered an appeal by Dow Jones and Company, Inc. (Dow Jones) against a decision of the Supreme Court of Victoria in a defamation proceeding brought by Mr. Joseph Gutnick. Mr. Gutnick alleged that he had been defamed by an article published on Dow Jones's website, which was accessible to users in Victoria. The core of the dispute concerned whether Australian defamation law applied to an internet publication accessible globally.

The primary legal issue before the High Court was to determine the jurisdiction in which the tort of defamation occurred when an article was published on a website accessible in multiple locations. Specifically, the Court had to consider whether the publication occurred where the website was hosted, where the publisher was located, or where the material was downloaded and read by a user. This determination was crucial for establishing which court had the authority to hear the defamation claim.

The High Court, in a majority decision, held that the tort of defamation is committed where the material is downloaded and read by a person who is likely to understand its defamatory meaning. Applying this principle, the Court found that Mr. Gutnick had established a prima facie case that the tort occurred in Victoria, as the article was downloaded and read by him in that state. The Court reasoned that the internet allows for instantaneous publication and that the place of publication should be where the damage to reputation is likely to occur. Consequently, the High Court dismissed Dow Jones's appeal, upholding the Supreme Court of Victoria's jurisdiction.