Attorney-General Mark Dreyfus (second from right) with media leaders (from left) James Chessell (Nine),Lenore Taylor (Guardian),Peter Greste (Alliance for Journalists’ Freedom) and Erik Jensen (Schwartz Media) in February.Credit:Alex Ellinghausen
“Increased regulation will lead to a suppressed media,which violates the implied freedom of political communication,” says the submission from the group,which includes Nine,which is the owner of this masthead. The group also includes the ABC,Guardian Australia, The West Australian and News Corp Australia,owner ofThe Daily Telegraph, Herald SunandThe Australian.
The Attorney-General’s Department released in February its review of the Privacy Act,a report that proposes a way for people to sue for serious invasions of their privacy. The department has sought submissions in response to its set of proposals from the sector.
The changes are being considered as a way to better protect Australians from intrusions into their homes and digital lives,but similar laws overseas,such as in the UK,have allowed bankers and celebrities to suppress true but embarrassing stories such as of affairs and drug use.
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Australia’smajor media bosses united in Canberra in February to warn the government about the proposed changes,which they believe could be more damaging to journalism than the defamation laws that exist across the country.
The companies’ biggest concern is the introduction of a statutory tort for serious invasion of privacy,which the Australia’s Right to Know coalition claims would damage the ability of a journalist to investigate and report stories of public interest,and the ability to tell personal stories or stories of workplace harassment or domestic abuse.
The tort,in its current form,would allow people to sue for breaches of privacy that are intentional or reckless. Media lawyers are concerned the law would be weaponised by wealthy,powerful and influential people who would seek injunctions to stop the reporting of unflattering personal details. If implemented,the tort would mean a person could prevent a profile piece,an exposé or a dramatised version of their life from being published or aired. Privacy is considered any form of personal detail – everything from a relationship to an occupation or the location of a home.