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 NSW Government has responded to a recommendation for a tort of privacy from the Legislative Council Standing Committee on law and Justice.
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.
Could Australia have a right to privacy in future? Watch this space!
Arts Law recently responded to the ALRC's Serious Invasions of Privacy Discussion Paper.
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.
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.