Perils of Publishing on the Internet
Broader Implications of Dow Jones v Gutnick
Bibliographic Data
| ID | 14970823 |
|---|---|
| Authors | Megan Richardson (0000-0003-1821-8764, corresponding author), Richard Garnett (0000-0002-0775-6359) |
| Year | 2004 |
| Volume | 13 |
| Issue | 1 |
| Pages | 74-93 |
| Publication date | 2004-01-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Griffith Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1038-3441 • E-ISSN: 1839-4205 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/10383441.2004.10854533 |
| OpenAlex | W571377222 |
| Language | EN |
| Citations received | 1 |
| References cited | 3 |
This article takes as its starting point the brief but illuminating discussion of the transnational phenomenon of the internet in Michael Whincop and Mary Keyes’ 2001 book Policy and Pragmatism in the Conflict of Laws, and observes that the prospect of internet publication will inevitably influence the framing of choice of law and jurisdictional rules from now on. This has already been shown by the High Court’s decision in the recent case of Dow Jones & Company Inc v Gutnick where, in attempting to adapt the previously certain lex loci delicti defamation choice of law rule to the exigencies of the internet, the court effectively transformed the rule into a more fluid — and more reasonable — standard that only allows for presumptive conclusions about the place of the tort as ordinarily (but by implication not inevitably) the place of downloading. Further, the fact that the court stressed that the lex loci delicti for other kinds of torts will depend on the ‘essence’ of the tort suggests that policy is now
Choice of Law · Conflict of laws · Framing (construction · High Court · Law and economics · Liability · Political science · Pragmatism · Publishing · Sociology · The Internet · Tort · Computer Science · Conflict of Laws and Jurisdiction · Freedom of Expression and Defamation · History · Law · Law in Society and Culture · Philosophy
| Citations per year | 0.05 |
|---|---|
| Citation span | 2006 - 2006 (1) |
| Highly cited | No |