Dow Jones Wins Appeal In Australia

By: (AP) The High Court on Friday ruled that Dow Jones & Co. can appeal a lower court decision to allow an Australian businessman to sue over an article published in the United States and posted on the Internet.

Analysts say the High Court's ultimate decision could have far-reaching ramifications for the global publishing industry.

In August the Supreme Court of Victoria state ruled that Melbourne businessman Joseph Gutnick could sue the company for defamation in an Australian court over an article published in an online version of its Barron's business magazine.

The decision opened up the possibility that publishers and Internet sites were potentially open to litigation in any country that allowed defamation cases.

Friday's ruling by a judge of Australia's highest court allows for the possible reversal of the state Supreme Court decision. A date has yet to be set for the hearing.

Appearing in court for the New York-based Dow Jones, lawyer Geoffrey Robertson argued that the earlier Victoria Supreme Court ruling meant anything published on the Internet could be subject to litigation in 191 countries and would have a significant impact on freedom of speech in cyberspace.

He said the matter should be heard in New Jersey -- where the article was printed -- rather than in Victoria where it was downloaded.

Lawyers for Gutnick had argued the case should be heard in his hometown of Melbourne since people in Victoria were able to access the Internet to read the article, thereby defaming him where he is best known.

Besides Barron's, Dow Jones also publishes The Wall Street Journal, Dow Jones Newswires, SmartMoney magazine in a partnership with Hearst Magazines, and numerous stock market indicators, including the Dow Jones industrial average.