This decision concerns the place of publication of Internet material and appropriate jurisdiction in which a defamation action may be brought. The matter involves material downloaded in Victoria from a web site in the USA. The Victorian Supreme Court determined the case could be heard in Victoria. Dow Jones was denied leave to appeal by the Victorian Court of Appeal on 21 September 2001 and subsequently sought and was granted leave to appeal to the High Court. The High Court upheld the Victorian Supreme Court decision in its ruling of 10 December 2002. See also:
Gutnick v Dow Jones & Co Inc, Victorian Supreme Court (VSC 305), 28 August 2001
Dow Jones & Company, Inc v Gutnick M99/2001, High Court, 14 November 2001
The Buddhist Society of Western Australia Inc v Bristile Ltd & Anor [2000], Western Australian Supreme Court (WASCA 210), 9 August
2000
A decision refusing to grant an injunction to restrain publication of matter on the Internet because to do so would be to superimpose
the law of NSW relating to defamation on every other state, territory and country of the world.
The first defamation case in Australia concerning postings on an Internet bulletin board.
Reference: Electronic Frontiers Australia: Defamation Law & the Internet.