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From: "Bill Sloman"
Subject: Re: What's going on in Australia?
Date: Wed, 25 Dec 2002 12:17:45 +0100
Organization: Planet Internet
References: <3E08564F.F1FFF559@bigpond.net.au> <4N5O9.9525$jM5.firstname.lastname@example.org>
NNTP-Posting-Date: 25 Dec 2002 11:17:58 GMT
X-Newsreader: Microsoft Outlook Express 6.00.2800.1106
"Phil Allison" wrote in message
> > So how is internet piblication "cowardly"?
> ** Because it originated outside of Australia. Hence the need for the
> High Court ruling so Mr Gutnik could start his action in Victoria - where
> lives and was defamed.
Funny. My impression was that we all live on Earth. From what has been
posted it looks as if Mr. Gutnick could have sued in New Jersey, where
Dow-Jones seem to have their headquarters, but he chose to try and sue in
You might say that Dow-Jones was taking a cowardly advantage of the
differences between the Australian and American legal systems, but that
seems to be stretching things to me.
> > No doubt Dow Jones has evidence to back up their claims
> ** There is plenty of doubt.
> > - they are a long-established and reputable organisation - and if the
> > evidence isn't flawed they should have a decent public interest defence
> ** "Public interest" is not required by law in Victoria in a
> Truth is a sufficient defence as it is in most of the world.
Not under the U.K.legal system it isn't. There is a legal maxim "the greater
the truth, the greater the libel" and IIRR a convicted murderer, who had
served his sentence and had been living quietly in the community for years,
was able to successfully sue someone who libelled him by publicising the
facts of his conviction without good cause.
If the "facts" adduced by Dow Jones can be shown to be true, they are the
sort of facts that Dow Jones exists to reveal to its customers and truth in
this case shold be an adequate defence, despite the fact that the "facts"
alleged expose Mr Gutnick to hatred, ridicule or contempt.
Bill Sloman, Nijmegen
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