Dow Jones & Co Inc v Gutnick

The High Court of Australia considered an application for special leave to appeal in the matter of *Dow Jones & Co Inc v Gutnick*. The applicant, Dow Jones & Co Inc, a Delaware corporation, sought to appeal a decision of the Supreme Court of Victoria which had refused to set aside a writ of summons issued against it in Victoria. The respondent, Mr. Gutnick, an Australian resident, had commenced proceedings in Victoria alleging defamation by an article published on Dow Jones' website.

The central legal issue before the High Court was whether the Supreme Court of Victoria had jurisdiction to entertain the defamation proceedings. This involved determining the proper forum for a defamation claim arising from online publication, specifically where the publication was accessible globally but the plaintiff suffered damage to their reputation within a particular jurisdiction. The court was required to consider the principles of service out of the jurisdiction and the location of the tort of defamation in the context of internet publications.

McHugh J, in chambers, granted special leave to appeal. His Honour reasoned that the case raised significant questions concerning the territorial limits of Australian defamation law in the digital age. The critical factor was the location where the tort of defamation was committed. His Honour concluded that the tort is committed where the material is downloaded and read, and where the plaintiff's reputation is injured. Therefore, if Mr. Gutnick could demonstrate that the article was downloaded and read in Victoria, causing him reputational harm there, then the Victorian Supreme Court would have jurisdiction. This approach recognised that the internet's global reach did not negate the traditional principles of territorial jurisdiction in defamation cases.