Although they would never publicly acknowledge it, tabloid media operators regard the invasion of privacy as an essential prerequisite of their work. Without it, they know their ratings and circulations would suffer great harm. Without it, one of the fundamental planks of their “journalism” would collapse.
Which is why, when the issue becomes a news event, privacy invaders roll out their respectable-sounding big guns not only to defend the practice, but to make it appear somehow beneficial to society and democracy.
Today, in his Australian media column, Mark Day uses as his pretext the media’s invasion of the privacy of the Australians whose passports were copied and apparently used by Israeli intelligence agents involved in a political assassination.
Day’s patronisingly self-serving advice to innocent people such as those four Australians is straightforward: co-operate fully with the media at all times, never physically defend yourselves against journalists chasing or harassing you, and allow your Facebook wedding pictures to be published without permission:
“… there are times when individuals get caught up in legitimate reporting of legitimate news and there’s bugger all they can do about it… I acknowledge that the media is a hungry beast… That’s why, when you find yourself in its voracious path, it’s often best to feed it.”
Ten days ago another defence of invading privacy — this time the publication of a naked picture of celebrity model Lara Bingle — came from News Limited media lawyer Justin Quill in a Herald Sun op-ed. In an ominous warning to anyone who thinks they have a legitimate reason to protect their private lives from appearing in the pages of his client’s newspapers, Quill wrote:
“There is no right to privacy in Australia. I can write that a few different ways if you’d like, but it won’t change the position… You hear a lot of people talking about their right to privacy. But unless they’re talking about some moral right to privacy, they’re talking about something that doesn’t exist in this country… Taking a photo of a woman in a shower and distributing it is unquestionably reprehensible. On any view. But we shouldn’t feel so sorry for Bingle that we demand a privacy law. Bingle already has her breach of confidence claim.”
Apologists for the practice of voyeuristic invasion of privacy for no public benefit — other than to the revenue line of the publishers and broadcasters who do it — seem to believe that, by defending sleazy media behaviour with greater aggression, they are putting some kind of stake in the ground on behalf of “freedom of speech”.
More likely, though, the only stake that will result from their increasingly shrill rhetoric is the one that will be wielded by legislators who continue to strengthen privacy laws in the face of appalling media behaviour defended by a bullying “media beast” that, according to Mark Day, requires constant feeding.
It looks like Bingle’s lawyers will try to argue some form of breach of confidence. It will be interesting to see how far they can go and if it will become a defacto form of privacy law. See legal analysis at http://www.fortnightlyreview.info
Why did she become the baddie anyway? Surely it was the jerk off men she got involved with who are in the wrong?
The media have been pretty disgusting towards her, she is not much more than a kid really.
” Taking a photo of a woman in a shower and distributing it is unquestionably reprehensible”
mmmm. And probably a criminial offence. I tried to find the reference to a recent news story where a man was jailed for a range of offences including filming his wife in the shower but I was at work and the search was necessarily limited. Anyway this from the surveillance devices act
Prohibition on communication or publication of private conversations or activities
S. 11(1) amended by No. 26/2004 s. 8(a).
(1)Subject to subsection (2), a person must not knowingly communicate or publish a record or report of a private conversation or private activity that has been made as a direct or indirect result of the use of a listening device, an optical surveillance device or a tracking device.
Penalty: In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both;
In the case of a body corporate, 1200 penalty units.
Two years in chokey or a $25,000 fine jesus sounds a bit more than a ‘moral right’ that ‘doesn’t exist’. I’m no lawyer so maybe a lawyer could comment on how Quill’s statement is consistent with this law?
I agree with your points.
Regarding your Facebook pictures being published without permission however, you’ve already granted a “non-exclusive, transferable, sub-licensable, royalty-free, worldwide license” for those photos to Facebook when you shared them. If you thought they were private or you wanted to restrict publication in some way, you were foolish to put them on Facebook.
Well the latest blah blah news to hit the tabloids is that the jeweller who made the knuckle-duster engagement ring is ‘broken hearted’ by it being lost.
Christ! How much more ludicrous can this farce become?