IP: More on Internet defamation

[David Farber <dave () farber net>]

> Date: Sun, 23 Dec 2001 12:02:35 -0500
> From: Peter Shane <pshane () andrew cmu edu>
>
> ---------- Forwarded Message ----------
> Date: Sunday, December 23, 2001 7:12 PM +1100
> From: Matt Collins <matt.collins () bigpond com>
> To: pshane () andrew cmu edu
> Subject: RE: While visiting Law.com...
>
>
> * Normal 0 DocumentEmail 1.95 pt 5.35 pt 0
>
> Dear Peter,
>
>
>
> Thanks for forwarding that information to me ? I found it most interesting.
> By way of reciprocation - I have noted three updates on Internet libel from
> the UK and Australia on my website in the past couple of weeks: see
> www.mattcollins.com.au/oupupdates.htm. The developments are, by way of
> summary:
>
>
>
> 1              The recent Australian decision of Gutnick v Dow Jones & Co
> Inc will be going on appeal to Australia?s highest appellate court. The
> sole issue at the appeal will be whether, for the purposes of Australian
> defamation law, Internet material is published at the place where it is
> written and uploaded, or at the place where it is read or seen. There is no
> doubt that, according to orthodox principles in Anglo-Australian defamation
> law, material is published at the point of receipt, but the High Court is
> not bound by precedent and may consider broad questions of policy and
> overturn common law principles if it considers it appropriate to do so. The
> appeal will be heard in mid-2002. If the Court were to find that
> publication occurs at the point of uploading, the decision would have major
> jurisdictional ramifications ? for example, it would be much more difficult
> for Australian plaintiffs to sue American online publishers in Australia
> for defamation, because no element of the tort would have been committed in
> this country.
>
>
>
> 2              The English Court of Appeal delivered its decision in
> Loutchansky v Times Newspapers Ltd on 5 December 2001. The decision is
> wide-ranging. Of particular note, however, the Court of Appeal rejected the
> submission that the US ?single publication? rule should be adopted for
> Internet publications in England. Under English law (and Australian law for
> that matter) a fresh cause of action for defamation accrues each time
> defamatory Internet material is read or seen. The Court also found that
> online publishers cannot rely on a defence of qualified privilege in
> respect of archived material once they are on notice that the material may
> be defamatory unless they attach a sufficient warning to the archived
> material.
>
>
>
> 3              The UK government has announced that the Department of Trade
> and Industry will undertake further consultations before the European
> Parliament and Council?s Directive on Electronic Commerce is transposed
> into UK law. The Directive contains provisions governing the circumstances
> in which Internet intermediaries might be liable for hosting, caching or
> carrying information which they did not create. Implementation of the
> Directive is likely to be delayed until mid-2002 ? well after the deadline
> of 17 January 2002 specified in the Directive itself. The delay may leave
> the UK exposed to the risk of liability before the European Court of
> Justice if private parties suffer loss on or after 17 January 2002 because
> of an inability to rely on the provisions of the Directive before English
> courts.
>
>
>
> There is more information about each of these developments on my webpage ?
> www.mattcollins.com.au/oupupdates.htm, including links to supporting
> materials. Please feel free to distribute this information to others on the
> list if you think it to be of interest.
>
>
>
> Kind regards and all the best for the holiday season.
>
>
>
> Dr  AUTOTEXTLIST \s "E-mail Signature" Matt Collins
>
> Direct line +61 3 9225 7780
>
> Direct fax +61 3 9225 8646
>
>
>
> -----Original Message-----
>
> From: owner-insites-network () lists andrew cmu edu
> [mailto:owner-insites-network () lists andrew cmu edu]On Behalf Of
> pshane () andrew cmu edu
>
> Sent: Friday, December 14, 2001 9:02 PM
>
> To: insites-network () lists andrew cmu edu
>
> Subject: While visiting Law.com...
>
>
>
> This message is being sent from Law.com (http://www.law.com) on behalf of
> Peter Shane who wanted to share an item of interest.
>
>
> Peter Shane thought you might find this interesting:
>
>
> California Internet Libel Suit Yields Big Verdict
>
>
> Law.com is the Web's most comprehensive destination for legal information
> and services, as well as legal application solutions through its Real Legal
> division.
>
> ---------- End Forwarded Message ----------
>
>
>
> Peter M. Shane
> Distinguished Service Professor of Law and Public Policy and
> Director, Institute for the Study of Information Technology and Society
> (InSITeS)
> H. J. Heinz III School of Public Policy and Management
> Carnegie Mellon University
> 5000 Forbes Avenue
> Pittsburgh, Pennsylvania 15213
> 412-268-5980
> FAX:  412-268-5338
> E-Mail:  pshane () andrew cmu edu

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