Stanley Young, head of Wallens Ridge State Prison in Big Stone
Gap, Virginia, argues that libellous articles about him appeared in
The Hartford Courant and The New Haven Advocate, both publications
in Connecticut which are owned by the Illinois-based Tribune
Company.
Young sued in a court in Big Stone Gap, alleging that the
articles suggested that he was a racist who encouraged abuse by his
guards. The newspapers argued that the Virginia court had no
jurisdiction because their publications have little or no contact
with that state.
In 2001, a judge in the Big Stone Gap court ruled that the case
could proceed in his court because the newspapers’ web sites were
accessible there and because that was where Young’s reputation
would have been injured.
The newspapers appealed that ruling and The Court of Appeals is
currently hearing arguments from both sides. A decision in favour
of Young would be consistent with the approach that would be
expected in a UK court.
Another case in Australia considers a similar point. Dow Jones
and Company of the US is being sued in Australia by Joseph Gutnick,
a Melbourne businessman. The case concerns an allegedly libellous
article which it featured in its on-line publication. Dow Jones
argues that it should be sued in New Jersey. Australia’s Supreme
Court is hearing arguments this week.
