Media Law: Breach of Privacy, Defamation, and Sub-judice Contempt

Running head: MEDIA LAW
Media Law
Name of the Student
Name of the University
Author Note

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MEDIA LAW
The main media law issues arising in this case is the breach of privacy, defamation
and sub-judice contempt by the Canberra gossip blog named Political Insider involving
Queensland Senator Maria Megabucks, her ex-husband, Con Merchant and a 16 years old girl
who was sexual assaulted. The media law issues involve information regarding the Senator’s
private life was talked about involving her malicious ex-husband Con Merchant who had
raped her along with a discussion on a sib-judice case related to a sexually assaulted teenage
girl. Information regarding such issues tend to be sensitive and needs permission to publish
articles on such issues, from the person related to it.
Invasion of Privacy
1. Media law issue
On the first place, the Gossip blog received an email from the chief adviser of the last
Public Works Minister harry Highpants who was replaced by Senator Maria Megabucks
which contained the information about her disturbed marital life with her ex-husband Con
Merchant. It also contained information about her past occupation as a director in a family
construction business which went into liquidation. Therefore, re-assessing such allegation
implies violation of privacy of Maria Megabucks who holds a respectable position at present
and any such discussion about her past life would be taken as an invasion of privacy.
2. Implementation of law and defences for the defendant
The privacy law in Australia is governed by the Common Law as well as certain
Commonwealth, state and territorial laws. The Australian Law Reform Commission has
suggested dividing privacy into Information privacy, Bodily privacy, privacy of
communication and territorial privacy. This paper revolves around Information Privacy and
Privacy of communication; the former is related to collecting and handling personal data like

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MEDIA LAW
personal records and credit information, while the latter deals with security of conversation
made through mails, telephone, e-mail, et cetera.
Under Common law, the decision held in Victoria Park Racing and Recreation
Grounds Co Ltd v Taylor(Victoria Park) [1937] HCA 45 was an obstacle in establishing
invasion of privacy which was completely changed after the decision held in Australian
Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63 which overruled the
decision of Victoria park. In Giller v Procopets [2008] VSCA 236 it was held by the Court of
Appeal of the Supreme Court of Victoria that damages must be made available for cases
where a breach of confidence occasioning distress is proved, as equitable compensation or
under a statutory law.
The Australian Law Reform Commission has held certain defences in case a
defendant needs to defend his case for charges of violation of privacy. It includes:
a) an act that involve the exercise of a lawful right of defence against oneself and one’s
property;
b) an act that was required and authorised by the law;
c) dissemination of such information was required for public interest and it was fair; and
d) such disclosure of classified information is guarded by privilege under defamation law.
Therefore, for defending itself from the charges of breach of privacy, Political
Insider could cite that the dissemination of the information receive from the advisor of Harry
Highpants was beneficial for public interest and it was fair to let the people know about such
scandalous Senator and her past life with Con Merchant, who is as scandalous as his ex-wife.
3. Case Laws
As for Privacy law in Australia, it is governed by the Common Law as well as certain
Commonwealth, state and territorial laws. While, defamation is solely guarded by the
Common law in the country; apart from certain state law, there is no federal law that deals