Case Law (B) - Privacy Guide Flashcards
Memory to help mitigate use of cheat sheet during the final exam
What is the Relevant Law for Issue: Does X have a legal claim against Y?
Hosking v Runting
What are the three elements to meet the test under the tort of invasion of privacy as established by Hosking v Runting?
a) Facts with expectation of privacy
b) Highly offensive publicity
c) No legitimate public concern
What are the two sub-elements to meet the test under the defence of legitimate public concern?
a) Degree of Journalistic Latitude (Rogers)
b) Logical Nexus between plaintiff andn public concern (Shulman,in Andrews)
What are the two sub-elements that need to be met to claim under sub-issue #1: Facts with Expectation of Privacy?
a) Facts of intimate character or personal nature (Andrews)
b) Whether there are private facts (Hosking)
What are the elements that need to be met to claim under sub-issue #2: Highly Offensive Publicity?
a) Publicity must be humiliating or distressful (Hosking)
b) Plaintiff must be identifiable (Bradley v Wingnut Films)
c) Tone of publicity is relevant (Andrews)
What is the relevant law for the following principle/ratio: “Facts of intimate character or personal nature”?
a) Hosking v Runting
What is the relevant law for the following principle/ratio: “Public vs Private Place”
c) ABC v Lenah Games Meats
hat is the relevant law for the following principle/ratio: “Can be public for one but private for another purpose”?
d) TVNZ v Rogers
What is the relevant law for the following principle/ratio: “Time of publicity determinative “?
TVNZ v Rogers
What is the relevant law for the following principle/ratio: “Plaintiff culpability if unrelated to reason for publicity”
Andrews v TVNZ
What is the relevant law for the following principle/ratio: “Public facts may become private over time”?
Tucker v News Media Ownership
What is the relevant law for the following principle/ratio: “Publicity truly humiliating or distressful”?
Hosking v Runting
What is the relevant law for the following principle/ratio: “Plaintiff must be identifiable”?
Bradley v Wingnut FIlms
What is the relevant law for the following principle/ratio: “Tone of publication is relevant”?
Andrews v TVNZ
The relevant law for the following” “Publicity may not be offensive in one circumstance, but offensive in another”? is..
R v Mahanga
What is the Relevant Law for the following principle/ratio: “Plaintiff’s consent is irrelevant”?
Andrews v TVNZ
What is the Relevant Law for the following principle/ratio: “Concern is not the same as interest”?
Andrews v TVNZ
What is the Relevant Law for the following principle/ratio: “Courts role is to not act as a censor”?
Andrews v TVNZ
The Relevant Law for the following: “The greater the invasion of privacy, the greater public concern must be””? is…
Andrews v TVNZ
The Relevant Law for the following: “Must be a logical nexus between role of plaintiff and public concern”? is…
Shulman & Others v Group W Productions (Adopted in Andrews v TVNZ)
What is the relevant law for the following principle/ratio: “Degree of journalistic latitude”?
TVNZ v Rogers
What case is Vickery v Nova Scotia Supreme Court similar to?
TVNZ v Rogers
What case is Shulman & Others v Group W Productions simialr to?
Andrews v TVNZ
What case first estbalished the concept of plaintiff culpability?
Campbell v Minor Group Newspaper (Reaffirmed by Andrews v TVNZ)
