Privacy Flashcards
What are the cases relevant to privacy? Which ones relate to publication, intrusion, or both?
Publication
Bradley v Wingnut Films Ltd.
Hosking v Runting
Andrews v TVNZ
Intrusion upon seclusion
C v Holland
Faesenkloet v Jenkins
Both
Henderson v Walker
What are the elements of publication of private facts?
- Was there publication?
- Was there a reasonable expectation of privacy?
- Was the publication highly offensive to a reasonable person of ordinary sensibilities?
- Was there legitimate public concern?
What do Henderson and Andrews say about ‘was there publication’?
Does not have to be widespread (Henderson).
The person needs to be identifiable (Andrews)
How does Andrews define what private facts are?
“May be known to some but not the world at large”. They must be “facts of which there are a reasonable expectation of privacy”
Hosking’s key point on what is private?
Health, personal relationships and finances likely to be more private
What does Andrews say about privacy in public and when an illegal act is occuring?
Public place can have private facts (case of the model outside rehab). Illegal actions have no right to privacy
Do public figures have a ‘reasonable expectation of privacy’?
Their expectation is signifcantly diminished as well as that of their kids (Hosking)
What does Andrews say about additional publicity?
There is an expectation of no additional publicity.
What is plaintiff culpability?
bad behaviour where the plaintiff is in some way responsible for the publicity
What is the key point of whether the publication was offensive? What does Andrews say about it?
The publication must be offensive, not the facts.
More extensive publication will be more likely to be offensive (Andrews).
What does Andrews say about how the plaintiff is portrayed in regards to offensiveness?
Must paint them in a bad light
What did Hosking say about the offensiveness
Needs to be humiliating, distressing or harmful
What satisfies the legitimate public concern defence?
It has to be concern not interest (Hosking).
If a “serious underlying purpose” is being portrayed (Andrews) there is often legitimate public concern.
More private facts will need more public concern
What are the elements of intrusion upon seclusion?
- Was there an intentional and unauthorised intrusion
- Was the intrusion into seclusion
- Was there a reasonable expectation of privacy
4.Was the intrusion highly offensive
What makes an ‘intentional and unauthorised intrusion’?
Must be an “affirmative act, not an unwitting or simply careless intrusion” (Holland)