more on the defamation case

[David Goldstein <goldstein_david@yahoo.com.au>]

Net association says it's a risk but not Armageddon
Australia's internet industry today said a High Court
ruling today would make some people think twice before
publishing material on the web.
 http://smh.com.au/articles/2002/12/10/1039379822749.html

http://australianit.news.com.au/articles/0,7204,5650162%5E15306%5E%5Enbv%5E,00.html
The full judgement

http://www.austlii.edu.au/au/cases/cth/high_ct/2002/56.html

Aust High Court ruling hits Internet worldwide
The High Court of Australia has, in a decision with global
ramifications, ruled that an article on the Internet is
considered to be published at the point it is read, rather
than the point it originated.

The decision upholds a previous ruling by the Supreme Court
of Victoria which held that an online article is published
in the jurisdiction where it is downloaded, regardless of
where it was uploaded or where the publishers server
resides. It is expected to influence decisions in
jurisdictions worldwide. 

"It's not binding on any other country, but other
jurisdictions might consider it to be of persuasive value,
or might adopt similar arguments," Brendan Scott, a lawyer
with Gilbert and Tobin, told ZDNet Australia. 

...

According to Scott, publishers residing in relatively
liberal publication regimes are more likely to be affected
by this judgement. "For example, in the US there is a
constitutional protection of freedom of speech, which is
absent in Australia," he said. "So the same statement can
be legal in the US but illegal in Australia." 

 http://www.zdnet.com.au/newstech/ebusiness/story/0,2000024981,20270565,00.htm

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David Goldstein
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