Defamation

 The act of making statements or suggestions that harm someone's reputation in the community. (Cambridge,2010) What is defamation?

 A defamatory imputation must be made  The material must identify the complainant  The material must be published to a third person  All available defenses must be exhausted Key elements to be proved

 Usually Internet service providers or internet content hosts are liable as authors often have no money  Things on internet are published in every jurisdiction in the world. Liability

In common law defendants requires to prove that they : Had no actual knowledge of the defamation Had no reason to believe the material carried was defamatory ; and Was not negligent ISPs must prove: They do not have the ability to control internet content ICHs cant use this as they are in control of the content in most circumstances, so this defense is not available. Innocence

 A business man named Joseph Gutnick sued Dow Jones ( a US corporation) in the Supreme Court of Victoria for damages for defamation.  The corporation published defamatory material about Gutnick on its subscription online news site.  There was a dispute about whether victoria was the appropriate forum to hear the defamation claim because the article was uploaded in New Jersey however downloaded in Victoria.  The High Court of Australia unanimously held that defamation is located at the place where the damage to reputation occurs.  The case was settled with Gutnick receiving AUS $ plus AUS $ in costs.  it was decided by applying existing principles of defamation law to the internet  Highlights difficulty in balance between countries Case Study: Gutnick v Dow jones