Privacy Flashcards

1
Q

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

A

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

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2
Q

What are the elements of publication of private facts?

A
  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?
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3
Q

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

A

Does not have to be widespread (Henderson).

The person needs to be identifiable (Andrews)

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4
Q

How does Andrews define what private facts are?

A

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

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5
Q

Hosking’s key point on what is private?

A

Health, personal relationships and finances likely to be more private

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6
Q

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

A

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

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7
Q

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

A

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

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8
Q

What does Andrews say about additional publicity?

A

There is an expectation of no additional publicity.

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9
Q

What is plaintiff culpability?

A

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

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10
Q

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

A

The publication must be offensive, not the facts.

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

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11
Q

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

A

Must paint them in a bad light

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12
Q

What did Hosking say about the offensiveness

A

Needs to be humiliating, distressing or harmful

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13
Q

What satisfies the legitimate public concern defence?

A

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

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14
Q

What are the elements of intrusion upon seclusion?

A
  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
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15
Q

What makes an ‘intentional and unauthorised intrusion’?

A

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

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16
Q

Seclusion is…

A

“Intimate personal, activity, space or affairs”

17
Q

What is important with place if seclusion is satisfied?

A

“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.

18
Q

What is the key point of offensiveness?

A

“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)