The cyberboundaries of reputation : implications of the Australian High Court's Gutnick decision for journalists

The High Cowt decision in the landmark Dow Jones v Gutnick defamation case in December 2002 was eagedv anticipated. The unanimous decision that defamation occurs where Internet material is downloaded rather than where it is uploaded angered media proprietors and free speech advocates who predictedpublishers wodd have to work to the lowest common denominator of the most restrictive laws throughout the world if they were to avoid litigation. This article revisits the decision andfinds the post-Gutnickpublishing environment may not be as confusing or as restrictive asfirst made out. It argues that, despite rhefinancia1 and intellectual investment in the appeal, any other result was improbable. The decision will serve as a usefir1 teaching tool and as a warning to publishers to treat their Internet products as separate entities.