Talk:Dow Jones & Co Inc v Gutnick
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Great article, but the last paragraphs read like a position paper rather than an NPOV encyclopedia article:
- Such statements are dramatic and, for the most part, wrong. The Gutnick case was decided under Australian law. Although it is true that most legal systems provide for jurisdiction in relation to damages suffered within the forum, the outcome of this case cannot reasonably be seen as a valid indication of how the courts in 190 other nations will decide similar disputes. Further, if this judgment appears frightening for those who “values freedom of expression”, a judgment in favour of Dow Jones would presumably appear equally frightening to those who values the right of reputation? – another basic human right widely considered just as important as freedom of expression. It is also imperative to remember that criminal cases, like the arrest of a journalist in Zimbabwe, are treated completely differently than civil cases, like the Gutnick case. The suggestion that “dictators everywhere” would be more inclined to exercise jurisdiction over Internet activities after the High Court’s decision in the Gutnick case is ridiculous. For example, the rules of private international law in the People’s Republic of China already allows for jurisdictional claims over a situation like the one in the Gutnick case. Indeed, most states’ rules do so, including the American rules. There was no dramatic increase of jurisdictional claims after the Yahoo! decision in France, and there will most likely not be any such increase after the Gutnick case either.
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Perhaps the issue here is that you've selected a single, isolated example with which to argue the entire opposing side (the arrest of a journalist.) Most opponents that I've heard argue about the economic consequences caused by increased legal exposure, rather than (as you point out) irrelevant criminal arrests made by a dictator.
Furthermore, you compare the Yahoo case with this one, without explaining the major difference, which make this case so interesting: a lack of a business presence within the jurisdiction. Dachshund 17:21 21 May 2003 (UTC)
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