Search:      
E & P Web
  America's Oldest Journal Covering the Newspaper Industry Saturday, November 21, 2009  
 
Newspaper Publisher Website News - Online Media Industry Information


Canada's Gesca is First to Use Nstein Semantic Site Search
Advantage Newspaper Consultants Extends E-Edition Application to Dailies
'Dallas Morning News' Launches Shopping, Social Media Portal
About.com Appoints Two VPs
'National Post' Available with Kindle's Canadian Debut
AP Rolls Out Windows Mobile App
Journal Register Co. Appoints New Chief Digital Officer
Caspio Supplying PaaS Solution to bizjournals Inc.
NewsPaperDirect Launches PressReader for iPhone, BlackBerry
Truviso Offers Instant Online Tracking and Analysis
Boston.com Launches New Sports Section
Follow 'E&P' Editors and Writers on Twitter!

Joe the Plumber Hits Media Coverage, Tells 'E&P' He Hopes Palin Does Not Run in 2012
'E&P' on Twitter: Here's How to Hit the Tweet Spot!
McClatchy Launches Digital Editions on the Kindle
As 'NYT' Chicago Pages Debut, Local Papers Deliver 'Exclusives'
EXCLUSIVE: Newspaper Sites' Time Spent Dropped in October
UPDATE: AP Layoff Count Hits 90, Meets Goal
'Indy Star' Leads Fight for Lobbying-Laws Reform
Ad Revenue Sees 13th Consecutive Quarter of Decline in Q3
NYT Co. Board Amends Bylaws to Ensure Transparency in Shareholder Nominations
40 Years Ago Today: Photos of My Lai First Appeared But Photographer Often Forgotten

| This week's top stories

    Share on LinkedIn
Dow Jones Settles Precedent-Setting Internet Defamation Suit



Published: November 16, 2004 11:15 AM ET

MELBOURNE, Australia (AP) In a low-key end to a groundbreaking case that extended the reach of Australia's libel laws to the world, Dow Jones & Co. has settled a defamation lawsuit launched against it by an Australian mining magnate.

The case started after mining boss Joe Gutnick claimed that an October 2000 Barron's magazine article had portrayed him as a schemer given to stock scams, money laundering and fraud. The article was also published online.

Dow Jones, which publishes The Wall Street Journal, Barron's, Dow Jones Newswires, and several stock market indicators, argued that the case should have been heard in the United States, where libel rulings are regarded as more favorable to publishers, because the article originally was published there.

But in a landmark ruling in December 2002, the High Court of Australia unanimously ruled that the case could be heard in Gutnick's home state of Victoria because people there could have read the article online.

Scholars said the decision -- the first by a nation's top court to deal with alleged cross-border Internet defamation -- created a global precedent that could subject Internet publishers to lawsuits regardless of their geographical location.

A settlement in the case emerged Friday following out-of-court mediation.

Lawyers for Dow Jones issued a statement in Victoria Supreme Court saying Barron's never intended to suggest that Gutnick was a customer of Melbourne man Nachum Goldberg, who was jailed for tax evasion and money laundering.

"I was delighted to hear the statement being read out in court -- it was an outrageous allegation," Gutnick said.

Dow Jones also agreed to pay Gutnick $137,500 in addition to $306,000 in legal fees.

The settlement is not likely to affect the precedent already set, said University of Ottawa professor Michael Geist, who noted courts in the United Kingdom and Canada have already cited the Australian decision in asserting jurisdiction over other Internet defamation cases.

"The actual Gutnick dispute may be over, but its legacy will likely live on in the world of Internet law for many years to come," Geist said.


Copyright 2004 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


Back to Advanced Search














Ads by Google
E&P welcomes your feedback and comments: letters@editorandpublisher.com.
By using this link, you agree to allow E&P to publish your comments on our letters page. To send comments not for publication, please use our Contact Us page.

See letters from readers.