Hosking v Runting Flashcards
Facts
Photographer took photos of Hoskings twin infants without consent while out in public.
Mike hosting has a degree of celebrity status.
Magazine wanted to publish photos in Christmas edition
Issue
What constitutes a breach of privacy for a famous person?
Decision
Appeal denied
Reasoning
A person cannot expect all publications to be private, not every intrusion into our lives is actionable.
Publicity which is truly humiliating and distressful or otherwise harmful to the individual concerned will create room for the ruling to be successful. It needs to be “highly offensive
However, in this case, anyone on the public street on that day could see Mrs Hosking and her children.
Ratio
The right to sue for a breach of privacy exists in NZ, this furthered the role of the judge.