Media Law: Breach of Privacy, Defamation, and Sub-judice Contempt
Added on 2023-04-03
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Running head: MEDIA LAW
Media Law
Name of the Student
Name of the University
Author Note
Media Law
Name of the Student
Name of the University
Author Note
1MEDIA LAW
The media law issue that arises in this case would attract breach of privacy along with
an allegation of defamation of Maria Megabucks, the present Queensland senator and her ex-
husband, Con Merchant. In addition, another critical media law issue that can be traced from
the case is that it involves a sub-judice contempt regarding the case involving the sexual
assault of a 16 years old girl, as public discussion about such a sensitive issue concerning
sexual assault of a teenage girl is likely to interfere with the administration of justice as the
case is under judicial consideration.
Breach of Privacy
a. Issue
The breach of privacy media issues concern the Canberra based gossip blog called
Political Insider. The chief advisor of Harry Highpants, the last public works Minister,
replaced by Santa Maria Megabucks, sent an email to the editor of political insider, stating
about Maria’s marital life with her ex-husband Con Merchant which was a strange
relationship with allegations of being raped by her husband, along with information on
Maria's previous occupation as the director of a family construction company that went into
liquidation in mid 90s. In this case future media issue that can crop up if the gossip blog
decides to publish the content of the email sent by the advisor of Harry Highpants who has
been replaced by Maria Megabuck as the senator of Queensland. It could be stated as an
offence of proven by the court that the defendant had not verified the information received
against Maria Megabucks and Con Merchant, thereby disseminating such false information to
damage the reputation of the plaintiff, along with invasion of privacy of the plaintiffs.
The media law issue that arises in this case would attract breach of privacy along with
an allegation of defamation of Maria Megabucks, the present Queensland senator and her ex-
husband, Con Merchant. In addition, another critical media law issue that can be traced from
the case is that it involves a sub-judice contempt regarding the case involving the sexual
assault of a 16 years old girl, as public discussion about such a sensitive issue concerning
sexual assault of a teenage girl is likely to interfere with the administration of justice as the
case is under judicial consideration.
Breach of Privacy
a. Issue
The breach of privacy media issues concern the Canberra based gossip blog called
Political Insider. The chief advisor of Harry Highpants, the last public works Minister,
replaced by Santa Maria Megabucks, sent an email to the editor of political insider, stating
about Maria’s marital life with her ex-husband Con Merchant which was a strange
relationship with allegations of being raped by her husband, along with information on
Maria's previous occupation as the director of a family construction company that went into
liquidation in mid 90s. In this case future media issue that can crop up if the gossip blog
decides to publish the content of the email sent by the advisor of Harry Highpants who has
been replaced by Maria Megabuck as the senator of Queensland. It could be stated as an
offence of proven by the court that the defendant had not verified the information received
against Maria Megabucks and Con Merchant, thereby disseminating such false information to
damage the reputation of the plaintiff, along with invasion of privacy of the plaintiffs.
2MEDIA LAW
b. Application of law and defences
In Australia, the law of privacy is governed by the common law and also by certain
federal, state and territorial laws. Law of privacy has been segregated into four types: privacy
of communication, information privacy, bodily privacy and territorial privacy. The issue
concerned in this paper relates to privacy of communication along with information privacy.
Information privacy is related to handling and collecting data which are personal records or
credit information of people. Privacy of communication is related to security related to
conversation between people made through telephonic conversation, postal exchange, email
and various other modes of communication. Victoria Park Racing and Recreation Grounds
Co Ltd v Taylor [1937] HCA 45 (Victoria Park case) is the Australian case that was acting as
a hindrance in the growth of the privacy law in Australia until the Australian broadcasting
corporation v Lenah Games Meats Pty Ltd [2001] HCA 63 was decided where the decision
of the Victoria Park case was overruled. The court in the case of Giller v Procopets [2008]
VSCA 236 held at the aggrieved party whose privacy and reputation has been jeopardies,
must be provided with damages, for he has suffered a breach of confidence resulting into
distress and subsequently certain injury. Such aggrieved party should be given equitable
compensation as per the common law and certain special compensation under statutory law.
Defences that can be used for charges against invasion of privacy may include: a) defence
against bodily harm or damage to property; b) act authorised under law; c) such an act was
important for public interest; d) such an act is protected by privilege under defamation law.
c. Example of case laws and relevant legislation
With the case Australian Broadcasting Corporation v Lenah Game Meats Pty
Ltd [2001] HCA 63, the privacy law scenario in Australia has changed, as cause of action for
privacy invasion was started to be considered. Along with Privacy Act 1988 being the fed3ral
b. Application of law and defences
In Australia, the law of privacy is governed by the common law and also by certain
federal, state and territorial laws. Law of privacy has been segregated into four types: privacy
of communication, information privacy, bodily privacy and territorial privacy. The issue
concerned in this paper relates to privacy of communication along with information privacy.
Information privacy is related to handling and collecting data which are personal records or
credit information of people. Privacy of communication is related to security related to
conversation between people made through telephonic conversation, postal exchange, email
and various other modes of communication. Victoria Park Racing and Recreation Grounds
Co Ltd v Taylor [1937] HCA 45 (Victoria Park case) is the Australian case that was acting as
a hindrance in the growth of the privacy law in Australia until the Australian broadcasting
corporation v Lenah Games Meats Pty Ltd [2001] HCA 63 was decided where the decision
of the Victoria Park case was overruled. The court in the case of Giller v Procopets [2008]
VSCA 236 held at the aggrieved party whose privacy and reputation has been jeopardies,
must be provided with damages, for he has suffered a breach of confidence resulting into
distress and subsequently certain injury. Such aggrieved party should be given equitable
compensation as per the common law and certain special compensation under statutory law.
Defences that can be used for charges against invasion of privacy may include: a) defence
against bodily harm or damage to property; b) act authorised under law; c) such an act was
important for public interest; d) such an act is protected by privilege under defamation law.
c. Example of case laws and relevant legislation
With the case Australian Broadcasting Corporation v Lenah Game Meats Pty
Ltd [2001] HCA 63, the privacy law scenario in Australia has changed, as cause of action for
privacy invasion was started to be considered. Along with Privacy Act 1988 being the fed3ral
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