Dow Jones & Co Inc v Gutnick

Dow Jones & Co Inc and Gutnick
CourtHigh Court of Australia
Full case name Dow Jones & Company Inc and Gutnick
Decided10 December 2002
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Appealed fromSupreme Court of Victoria
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Gutnick could sue Dow Jones in a Victorian court for defamation as:
  • a person may sue for defamation in the jurisdiction where an alleged defamatory communication caused reputational damage (usually the place where the communication was received). This existing principle should not be modified for internet communications.
  • as Gutnick was only claiming damages related to reputational harm in Victoria, that jurisdiction was an appropriate forum to hear the case.

Dow Jones & Co Inc v Gutnick was an Internet defamation case heard in the High Court of Australia, decided on 10 December 2002. The 28 October 2000 edition of Barron's Online, published by Dow Jones, contained an article entitled "Unholy Gains" in which several references were made to the respondent, Joseph Gutnick. Gutnick contended that part of the article defamed him. A key judgement was that the suit could be brought in Australia.