Bradley v Wingnut Films Ltd Flashcards
What kind of case?
Civil.
What did Bradley want?
Injunction. Wanting to prevent Wingnut from publishing and disseminating the film.
Intentional infliction of emotional distress.
Certainly there was distress to Bradley, however was it intentional?
Breach of Privacy
Need to show public disclosure or private facts that need to be highly offensive to a reasonable person of ordinary sensibilities.
Public Disclosure
The tombstone was shown publicly online and in cinemas.
Private Facts
The tombstone was in a public place, but it is personal and sacred to the family.
Judge Decision
There is nothing in the film which reflects directly on the tombstone or persons associated with it… there is nothing in the sequence or in this particular shot to suggest anything sinister or unpleasant in relation to the tombstone or the plot.
Defamation
Have to show that someone unjustifiably damages reputation.
Innuendo
A suggestion or an inference.
Final decision
Bradley Family did not win the case.