Cyberspace Law and Policy Centre
and Communications
Law Centre
These two centres, associated with the Law Faculty
at UNSW and several leading law firms, jointly held a quick-response
seminar on the High Court's recent controversial decision
on whether an Australian can sue in an Australian court for
allegedly defamatory material about them on the Internet,
material which is read by people in Australia but hosted in
the USA:
Dow Jones & Company Inc. v. Gutnick [2002] HCA 56 (10
December 2002)
http://www.austlii.edu.au/au/cases/cth/high_ct/2002/56.html
Where does a defamation occur, and where should it be litigated,
when the publisher and the reader are in different countries?
In its long-awaited decision, the High Court of Australia
became the most senior court in the world to give its views
on these thorny questions of defamation and private international
law. Its decision went decisively against the New Jersey-based
Dow Jones, and the many interveners from local and global
publishing and Internet companies.
- What does this mean for publishers, for ISPs, for Internet
users and for those subject to media comment?
- Are technical remedies going to be called upon to restrict
who can read material on overseas sites?
- Will Australian Internet users find they are locked out
of international sites?
- Or is this a storm in a teacup? Does this case really
change the existing law?
Date
Wednesday, 18th December 2002
5:45 pm for 6:00; drinks and discussion from 7:00
Venue
Baker
& McKenzie Board Room,
26th floor, AMP Centre
50 Bridge St
Sydney NSW
Speakers
The diverse group of about 60 participants, including many
from media organisations and defamation law practice were
addressed by an expert panel, including:
- Anne Flahvin, from Baker & McKenzie and UNSW Law Faculty
- John Corker, from Clayton Utz and Principal Solicitor
of Communications Law Centre
- Gail Hambly, in-house counsel from Fairfax, one of the
interveners
- Barry Hammond, expert technical witness in the case
Inquiries Contact:
David Vaile, executive director
Email d.vaile [at] unsw.edu.au
Phone +61 (0)2 9385 3589
