Throwing some cold water on the expectations Iceland as journalism haven:
, the problem is that whatever Iceland does, it can’t change the 500-pound gorilla of international media law: the principle that publication happens at the point of download, not the point of upload. The poster child case for this principle is Dow Jones & Co., Inc. v. Gutnick, a case that reached the High Court of Australia in 2002. In that case, Gutnick sued Barron’s Online for publishing an allegedly defamatory article about him, and despite the fact that no one in Australia other than Gutnick’s lawyers actually read the offending article, the judges unanimously ruled that Australian laws applied, and thus Dow Jones (publisher of Barron’s Online) was liable to Gutnick. At least at the time, the High Court of Australia was the highest court worldwide to hear a case involving this issue, and for better or worse, its ruling has carried the day in similar cases around the world since. […]
With the Gutnick ruling setting the current paradigm for international jurisdiction, the IMMI is not nearly the journalistic fortress it’s meant to be. Plaintiffs will still be able to sue in a libel-friendly jurisdiction (like London, for example) and thereby circumvent all the protections the IMMI is meant to offer. To be sure, if the publisher and his assets are entirely within Icelandic jurisdiction, the plaintiff may not be able to do much about the publication.
Read More – Citizen Media Law: Fortress Iceland? Probably Not.
(via Jay Rosen)