(RSF/IFEX) – RSF has voiced deep concern about the Australian High Court’s ruling on 10 December 2002 that online publishers can be sued for libel in the countries where their online texts are read and where the plaintiff’s reputation is at risk, rather than in the countries where the publication originates. The decision was taken […]
(RSF/IFEX) – RSF has voiced deep concern about the Australian High Court’s ruling on 10 December 2002 that online publishers can be sued for libel in the countries where their online texts are read and where the plaintiff’s reputation is at risk, rather than in the countries where the publication originates.
The decision was taken in connection with Australian mining businessman Joseph Gutnick’s libel suit over an article published in the August 2000 online edition of the American magazine “Barron’s”, which is owned by the Dow Jones news group.
RSF believes that this ruling could have implications for freedom of expression on the Internet all over the world. It sets a dangerous legal precedent that exposes online media to prosecution anywhere in the world where the Internet is accessible and a lawsuit can be filed for libel. As the legislation governing libel varies from one country to another, there is a crucial difference between the place where a text appears and the place where its website is hosted.
“Our organisation believes that lawsuits against online media must be handled by the courts in the country where the website is hosted,” RSF Secretary-General Robert Ménard said. “This is the only solution to avoid judicial harassment of the press and self-censorship of political, social and economic news published on websites.”
The Australian High Court’s seven judges unanimously rejected an appeal by Dow Jones for the case to be heard in the United States, where “Barron’s” magazine is based, rather than in Australia, where the plaintiff lives. Without taking a position as to whether or not there was libel, the High Court thereby gave Gutnick the go-ahead to pursue his case in the state of Victoria.
The Supreme Court in the state of Victoria had already found in Gutnick’s favour, ruling that it had jurisdiction over the case because the “Barron’s” article could be downloaded in the state. It was this decision that led Dow Jones to file its appeal to the High Court, with the support of eight major international news media including Yahoo!, CNN, Reuters and “The Guardian” newspaper.
