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. The Terms of Reference for this Inquiry ask the ALRC to consider a statutory cause of action to protect against serious invasions of privacy and other innovative ways the law might prevent such invasions. You can find the ALRC Media Release here and the Issues Paper here.
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 advocate against legislative changes which are prejudicial to artists. Arts Law is critical of proposals to establish a statutory cause of action for invasions of privacy which would impose a disproportionate and unnecessary restriction on artistic expression.
Arts Law is now preparing a submission to the inquiry. Submissions close Monday 11 November 2013.
See Arts Law's previous submissions in relation to this issue:
- Arts Law submission on the Commonwealth Government's Issues Paper, A Commonwealth Statutory Cause of Action for Serious Invasions of Privacy (4.11.2011)
- Arts Law submission to the ALRC on the Review of Australian Privacy Law: Discussion Paper 72 (5.11.2007)
- Arts Law submission to the ALRC on the Review of Privacy Issues Paper 31(15.1.2007)