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Essay / Research Paper Abstract
This 8 page paper considers the approach taken by the High Court of Australia in Dow Jones v Gutnick towards the issue of jurisdiction on the internet and considers if this is sound and how it may be seen in the context of UK and US law. The bibliography cites 12 sources.
Page Count:
8 pages (~225 words per page)
File: TS14_TEdowgutnick.rtf
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Unformatted sample text from the term paper:
deal with issues of deformation on the internet and has led to a highly criticised result. The case concerned an Australian businessman who lived and worked in Victoria, but also
had international interests, and the Dow Jones, who, on a web site published an article which Gutnick, the businessman believed was defamatory. The main issue was not the article, but
the way the case was heard in Australia, where only 140 people had downloaded the article and the way in which the courts appear to give the impression they want
to be able to control the entire internet. The actual case concerning the deformation is not the relevant part of this case,
it was the way that the courts upheld Australia as a suitable jurisdiction even though the court of appeal had conceded that " The objections that the appellant [Dow
Jones] is not present in this country, has no office or assets here...has only minimal commercial interest in the sale of Barrons magazine or online services in Victoria or to
Australians; and publishes them principally for the benefit of, and sale to, United States readers, are considerations irrelevant to the issue of jurisdiction once the propounded long-arm rule is found
valid and applicable" (quoted SRiMedia, 2002). There are two major inferences by this case, firstly that this may start a worrying trend,
where courts seek to allow cases if the articles in the internet, a world wide forum appear in their country, seeing that as giving them jurisdiction. This would mean that
many small publishers would have to consider the laws in every country where their articles would be accessible, and there would also be a potential increase in the number o
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