Dow Jones & Co Inc v Gutnick

The High Court of Australia considered an appeal by Dow Jones & Co Inc from a decision of the Supreme Court of Victoria concerning alleged defamation of Mr. Joseph Gutnick. Mr. Gutnick, an Australian resident, claimed he was defamed by an article published on Dow Jones' website, which was accessible to users in Victoria. The core of the dispute was whether the publication of the defamatory material on the internet constituted publication in Victoria, thereby conferring jurisdiction on the Victorian courts.

The central legal issue before the High Court was the determination of the place of publication of defamatory material uploaded to a website accessible globally. This involved considering whether the traditional common law principles of publication, which typically require physical dissemination, could apply to the internet and, if so, where such publication occurred for jurisdictional purposes. The court also had to consider the implications of this determination for the choice of law governing the defamation claim.

The High Court, by majority, held that publication of defamatory material on the internet occurs at the place where the material is downloaded and read. Applying this principle, the court found that because Mr. Gutnick alleged the article was downloaded and read in Victoria, publication occurred in Victoria, and therefore the Supreme Court of Victoria had jurisdiction. The court reasoned that the internet is a medium that allows for simultaneous access from multiple locations, and the act of downloading and reading is the crucial event for establishing publication in a particular jurisdiction. The court affirmed that the traditional approach to publication was not immutable and could adapt to new technologies.