Striking a balance between privacy and freedom of expression is an issue fraught with difficulty. Arts Law is concerned to protect freedom of artistic expression in Australia and advocates against legislative changes which are prejudicial to artists. Arts Law is critical of the proposals to establish a statutory cause of action for invasion of privacy which would impose a disproportionate and unnecessary restriction on artistic freedom. Arts Law takes the position that concerns for privacy can be sufficiently addressed by existing property, defamation, child protection, trade practices and other laws. Arts Law advocates better education for artists on best practice protocols affecting privacy and believes this is an appropriate way to address privacy concerns.
The Arts Law Centre of Australia (Arts Law) is pleased to comment on the Commonwealth Government’s Issues Paper, A Commonwealth Statutory Cause of Action for Serious Invasion of Privacy, (Issues Paper) released in response to the recommendations of the Australian Law Reform Commission (ALRC).
On 8 October 2013, the Australian Law Reform Commission (ALRC) released the Serious Invasions of Privacy in the Digital Era Issues Paper for public comment.
On 31 March 2014, the ALRC released a Discussion Paper for the Serious Invasions of Privacy in the Digital Era inquiry. The closing date for submissions is Monday 12 May 2014.
Arts Law recently responded to the ALRC's Serious Invasions of Privacy Discussion Paper.
Could Australia have a right to privacy in future? Watch this space!
People in NSW may soon be able to sue for serious invasions of privacy, after a report from the legislative Standing Committee on Law and Justice recommended a statutory cause of action be introduced.
The Legal and Constitutional Affairs Legislation Committee has endorsed changes to privacy law that will have significant implications for most companies and federal agencies.
On 29 November 2012 the Federal Parliament passed major privacy reforms.
Arts Law submission to the Australian Law Reform Commission on the issues raised by Issues Paper 31 concerning the Review of Privacy.
Arts Law submission to the Australian Law Reform Commission on the Review of the Australian Privacy Law: Discussion Paper 72.