Privacy

Question 1

What are the cases relevant to privacy? Which ones relate to publication, intrusion, or both?

Answer 1

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

Question 2

What are the elements of publication of private facts?

Answer 2

1. Was there publication?
2. Was there a reasonable expectation of privacy?
3. Was the publication highly offensive to a reasonable person of ordinary sensibilities?
4. Was there legitimate public concern?

Question 3

What do Henderson and Andrews say about ‘was there publication’?

Answer 3

Does not have to be widespread (Henderson).

The person needs to be identifiable (Andrews)

Question 4

How does Andrews define what private facts are?

Answer 4

“May be known to some but not the world at large”. They must be “facts of which there are a reasonable expectation of privacy”

Question 5

Hosking’s key point on what is private?

Answer 5

Health, personal relationships and finances likely to be more private

Question 6

What does Andrews say about privacy in public and when an illegal act is occuring?

Answer 6

Public place can have private facts (case of the model outside rehab). Illegal actions have no right to privacy

Question 7

Do public figures have a ‘reasonable expectation of privacy’?

Answer 7

Their expectation is signifcantly diminished as well as that of their kids (Hosking)

Question 8

What does Andrews say about additional publicity?

Answer 8

There is an expectation of no additional publicity.

Question 9

What is plaintiff culpability?

Answer 9

bad behaviour where the plaintiff is in some way responsible for the publicity

Question 10

What is the key point of whether the publication was offensive? What does Andrews say about it?

Answer 10

The publication must be offensive, not the facts.

More extensive publication will be more likely to be offensive (Andrews).

Question 11

What does Andrews say about how the plaintiff is portrayed in regards to offensiveness?

Answer 11

Must paint them in a bad light

Question 12

What did Hosking say about the offensiveness

Answer 12

Needs to be humiliating, distressing or harmful

Question 13

What satisfies the legitimate public concern defence?

Answer 13

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

Question 14

What are the elements of intrusion upon seclusion?

Answer 14

1. Was there an intentional and unauthorised intrusion
2. Was the intrusion into seclusion
3. Was there a reasonable expectation of privacy
   4.Was the intrusion highly offensive

Question 15

What makes an ‘intentional and unauthorised intrusion’?

Answer 15

Must be an “affirmative act, not an unwitting or simply careless intrusion” (Holland)

Question 16

Seclusion is…

Answer 16

“Intimate personal, activity, space or affairs”

Question 17

What is important with place if seclusion is satisfied?

Answer 17

“whether the place was in public or private premises” is an important consideration (Faesenkloet). If land is used exclusively but is public, it still can be seclusion.

Question 18

What is the key point of offensiveness?

Answer 18

“the greater the expectation [of privacy], the more likely an intrusion will be offensive”. Also, if it paints them in a bad light, it is more offensive (Andrews)