Publication, Innocent Dissemination and the Internet after Dow Jones & Co Inc v Gutnick

University of New South Wales Law Journal, Vol. 33, No. 2, pp. 562-580, 2010

Sydney Law School Research Paper No. 10/105

20 Pages Posted: 29 Oct 2010 Last revised: 28 Nov 2010

See all articles by David Rolph

David Rolph

The University of Sydney Law School

Date Written: October 27, 2010

Abstract

The High Court of Australia’s landmark decision in Dow Jones & Co Inc v Gutnick (2002) 210 CLR 575; [2002] HCA 56 was the first decision by a final appellate court on the issue of jurisdiction over internet defamation. It raised a range of important issues, such as the meaning of 'publication' for the purposes of defamation, the place of publication, the 'multiple publication' rule and the application of basic principles of conflict of laws to internet defamation. Fundamentally, it turned upon whether existing legal principles, with or without some adaptation, could adequately accommodate the challenges posed by internet technologies. In the intervening years since Dow Jones v. Gutnick, claims involving internet defamation have proliferated, both in Australia and overseas. Considering judicial and legislative developments since Dow Jones v. Gutnick, this article argues that, whilst internet technologies have brought about a revolution in communications, their legal impact in the context of internet defamation has been more modest but nevertheless important. Focusing on the issue of publication, this article argues that the challenges posed by internet technologies have compelled courts and legislatures to reconsider and refine the approaches adopted towards key concepts and issues of defamation law.

Keywords: Tort, Media law, Defamation, Internet, Publication, Publishers, Innocent Dissemination, Internet Service Providers, Search Engines, Liability

JEL Classification: K10, K13, K30

Suggested Citation

Rolph, David, Publication, Innocent Dissemination and the Internet after Dow Jones & Co Inc v Gutnick (October 27, 2010). University of New South Wales Law Journal, Vol. 33, No. 2, pp. 562-580, 2010; Sydney Law School Research Paper No. 10/105. Available at SSRN: https://ssrn.com/abstract=1699027

David Rolph (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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