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Internet Defamation Jurisdiction: A Canadian Perspective on Dow Jones v. Gutnick


Lawyer Peter Ruby
Area Technology


Article originally published in Internet and E-Commerce Law in Canada, edited by Michael Geist, Copyright 2003 (Reprinted with permission of Butterworths Canada Ltd)

Excerpt from "Internet Defamation Jurisdiction: A Canadian Perspective on Dow Jones v. Gutnick":

Internet jurisdiction has finally been squarely addressed by the top court of a common law country. On December 10, 2002, Australia's highest court concluded that a defamation claim commenced by an Australian resident against a US publisher of an online publication would be heard in Australia. The court considered submissions that the internet was a revolutionary technology and that the court should adopt an internet jurisdiction approach focusing on where the allegedly defamation material was uploaded to the internet. The High Court of Australia did not accept these submissions and instead applied well accepted legal principals to arrive at its conclusion, rejecting an internetspecific jurisdictional paradigm for defamation claims.

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