Comment Re:Chilling (Score 2) 223
No. Australian courts, state or federal, do not claim jurisdiction outside Australia. Only web pages that affect Australians in Australia have the potential for defamation (local term - includes libel and slander by any media) and only Australian citizens or permanent residents may apply to the courts. The initial application would be for an injunction against the publisher (a take-down notice). It is not easy to get an injunction. A refusal to obey the injunction would lead to a civil case for defamation. Truth is a sufficient defence, but there is no First Ammendment protection (there is no Bill of Rights in Australia). A jury has to decide if the plaintif has been defamed but a judge alone hears the defence and decides any penalties, which would include penalties to a plaintiff if the publisher could provide a defence.
This is the second such case in Australia so there is precedence - quite robust in fact. Federal and state law treats web pages under the same rules as television broadcasts (yes....I agree....). Google would be considered a publisher since it presents the web page after a search. Untested as yet is the issue of linking to a page.