Could a Tweet in New York Lead to a Defamation Suit in Australia? How Social Media "Publication" Crosses Jurisdictional Borders.
The first key element in any defamation case is “publication,” proving that someone published a defamatory statement. However, when someone publishes a defamatory post or tweet about another person in another country, can they be sued for defamation in that person’s country? In reviewing a landmark social media case in the Australian High Court (Dow Jones & Co Inc v Gutnick), Richard Mitry of Mitry Lawyers explains why this is the norm today in Australia and many other international jurisdictions.
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