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The bottom line is that, unlike a newspaper, magazine or other physical publication, a webpage and its contents are deemed to be "published" in any country from which it can be read.

This means that although (for example) the printed edition of NZ Netguide magazine is only published in New Zealand, their website is (in the eyes of the Australian legal system) published in every country where a Net user keys www.netguide.co.nz into their browser.

If you're an online publisher then this is a very worrying development.

It means that the Australian courts have effectively declared themselves to have jurisdiction over every single online publisher on the face of the planet.

How presumptuous is that?

And how unfair is that?

For example...

Readers Say (updated irregularly) Online publishing... - John The net is not the... - Dominic From yesterday... Quality in electronic... - David Consumer goods quality... - Anon Shoddy goods... - Neil No fury like Sky... - Rob So long Sony... - Daniel Sony - poor quality... - Rob Sony Television... - Wayne present day quality... - Derek Warranties etc... - Mark TV's and such... - Richard How to build obsolescence... - Alan Price of parts.... - Fran Not just Sony.... - Grant Supply of parts.... - Edmund Consumer goods quality.... - Jono Comments at SlashDot.... Have Your Say

Web publishers right across the globe will now have to familiarise themselves with Australian defamation laws if they wish to avoid finding themselves sued by someone they might offend.

And what if other countries follow this example and decide that their own laws in respect to defamation, copyright, etc apply to any website which can be viewed from within their borders?

What a legal minefield for publishers to have to wade through!

But you're probably thinking that you're not an online publisher so this doesn't really affect you -- right?

Wrong!

If you use an online discussion forum, newsgroup, chat-room, email-based discussion list or even leave an entry in the occasional guest book then this law will affect you.

In posting any message to any area of the Internet you are in effect publishing those words for all the world to see -- so you become liable under Australian law should someone take offense and believe you have defamed them. And remember -- neither you, nor the person you've allegedly defamed need to live in, or anywhere near Australia for an action to be launched.

There are some sensible caveats however.

In order to bring an action under Australian law, you must have a reputation that will have been damaged by the offender's comments and you can't bring separate actions in respect to each and every country in which the offending comments were effectively viewed.

So, before you vent your spleen over the Net at some idiot half a world away, consider carefully your choice of words or it could result in unwanted legal hassles.

However, does this ruling go beyond the Net?

Perhaps it does...

What about ham radio users? If an amateur radio operator based in the USA says something which is quite acceptable under the USA's comparatively lax defamation laws but that broadcast is received in Australia and relates to someone who has a reputation in Australia, can they then sue for defamation under Australian law?

And what about globally syndicated TV shows like the one presented by David Letterman each weeknight on Prime TV? Some of the things he says would be clearly considered defamatory under NZ or Australian law -- but he is protected from prosecution within the USA by the freedom of speech granted by The Constitution.

Can someone offended by Letterman's remarks now sue for defamation through an Australian court -- or has the court simply discriminated against the Net as a publishing medium?

Once again I call for a cyber-treaty which would see all "wired" nations signing up to an international agreement that would provide a consistent set of laws to be enforced in respect to online activities.

If Internet users are to be held liable under the individual laws of each and every country in which the Net can be accessed then we're all at risk.

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