Hosking v Runting Flashcards
Facts
Photographer took photos of the Hosking’s twin infants while they were out in public with their mother.
High Court
Said Hosking did not have a case.
Keith J
Does the Freedom of Expression trump someones privacy?
Anderson J
No demonstrable need for an extension of civil liability. Describes privacy as a value and not a right.
Gault J and Blanchard J
The law governing liability for causing harm to others necessarily must move to accommodate developments in technology and changes in attitudes, practices and values in society.
Court confirms the elements of the tort.
The existence of facts in respect of which a reasonable expectation of privacy. The publicity here is considered highly offensive to an objective reasonable person.
Private Facts
Are the facts known to all or were they not going to be shown to that many people unless published?
Were the photos private facts?
Inclusion of photos would not publicise a fact in respect of which a reasonable expectation of privacy.
Should famous people have a lower expectation of privacy?
Yes. Rights will correspondingly reduce as their fame increases.
Highly Offensive
“It would be absurd, for example, to consider actionable merely informing a neighbour that one’s spouse had a cold. By living in communities individuals necessarily give up seclusion and expectations of complete privacy.”
Publication
The publication has to be truly humiliating and distressful of otherwise harmful to the individual concerned.
