That is the approach that the courts have consistently taken when the reasonable expectation of privacy test (or the English equivalent) is applied to photographs. The facts conveyed in the Pike River photos are most likely to be interpreted to be what the grief-stricken family members looked like immediately after they were told of the second explosion. ‘Fact’ does not appear to have the narrow meaning that you give to it. I would be surprised if future courts were to interpret this requirement in the narrow manner you suggest for the following reasons:ġ. That requirement is, “The existence of facts in respect of which there is a reasonable expectation of privacy”.
Just a couple of thoughts in reply to your points about whether the relatives would be able to satisfy the first requirement of Gault P and Blanchard J’s formulation of the Hosking tort. I am glad that you agree that there was no public interest in the images of grief-stricken mining families and that, in at least some cases, publication of them was offensive. In an earlier post, I wondered whether Dr Nicole Moreham was right to say that the grieving relatives at Pike River, caught on camera shortly after being told that all 29 miners were certainly dead, could successfully sue for invasion of privacy.
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When free speech creates disorder or hate.NZME admits it misled listeners by buying into Trump’s ridiculous election fraud claims – but BSA somehow finds broadcasting standards not breached.
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