Dow Jones & Co v Gutnick

The High Court of Australia considered a defamation claim brought by Mr. Joseph Gutnick against Dow Jones & Co Inc. Mr. Gutnick, an Australian resident, alleged that he had been defamed by an article published on Dow Jones' website, which was accessible to users in Australia. Dow Jones, an American company, argued that the publication occurred in the United States and that Australian courts lacked jurisdiction.

The central legal issue before the High Court was whether the publication of defamatory material on a website accessible in Australia constituted publication in Australia for the purposes of Australian defamation law, and consequently, whether Australian courts had jurisdiction to hear the case. This involved determining the geographical location of publication in the context of internet dissemination.

The High Court held that publication of defamatory material occurs where the material is downloaded and read by a third party. Applying this principle, the Court found that because the article was accessible and downloaded by users in Victoria, it was published in Victoria. Therefore, the Victorian Supreme Court had jurisdiction to hear the defamation claim. The Court reasoned that the internet's nature meant that a single publication could have multiple locations of publication, and the law should adapt to this reality to provide a remedy for those defamed within their own jurisdiction.