Journalists, invasion of privacy and the High Court decision in Lenah Game Meats
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(Published version)
Date
2003
Authors
Sarre, R.
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Australian Journalism Review, 2003; 25(1):115-128
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Abstract
Journalists are often accused of invading others' privacy in their quest for information. By the same token, good investigative journalism requires journalists to lift a few "veils" and expose certain confidences. and that will invariably frustrate those attempting to remain free from scrutiny. What does the law say about these conflicting interests? What are journalists' rights when it is alleged that their activities compromise privacy? What are the rights of those who wish to remain outside the public gaze~ In a recent and significant case on the subject a/privacy, Australian Broadcasting Corporation v Lenah Game Meats Pty Lld (2002) 185 ALR 1, the Australian High Court refused to grant an injunction that would have prevented the public broad- casting of an illegally filmed video tape that showed allegedly cruel practices in a Tasmanian meat-processing plant. Discussing the implications of this case for the law of privacy, this paper reviews other aspects of the common law that purport to restrict investigative journalism, and comments on two new pieces of Australian legislation that restrict video taping of "pri- vate" matters. The author concludes that investigative journal- ists need not be overly concerned by recent developments on this subject in either the common law or legislation emerging from Australian parliaments if their activities are appropriate and reasonable
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Copyright 2003 Journalism Education Association