The lawsuit, filed by Australian entrepreneur Joseph Gutnick,
concerns an allegedly defamatory article published by Dow Jones on
its own web site. The Victoria Supreme Court ruled last month that
publication of an article occurs where it is read, not where it is
produced. Therefore, because the article could be viewed in
Australia, Australian courts had jurisdiction over it.
The decision effectively confirmed that internet publishers
should comply with the strictest laws of every country in which an
article can be viewed to avoid the risk of a lawsuit. Dow Jones
believes this is wrong and has appealed the ruling, according to a
report by news agency Associated Press.
Steven Goldstein, Vice President of Corporate Communications for
Dow Jones told Associated Press:
“We filed an appeal on Tuesday on a case
that could have a major impact in the way media companies operate
throughout the world…We do not believe that Australia is an
appropriate venue for a case involving a story that was published
in New York”.
In the original ruling, Dow Jones had argued that because the
article was written in the US, and intended for consumption in that
country, the defamation lawsuit should have been held there.
