A Statutory Tort For Serious Invasions Of Privacy?

INTRODUCTION

To many people's surprise, it remains the case in Australia that individuals do not have a specific right to obtain compensatory damages for serious invasions of privacy, such as the sharing of intimate images on social media platforms, and that the damages that may be sought under various other causes of action are limited.¹ Since the High Court in Australian Broadcasting Corporation v. Lenah Game Meats Pty Ltd² left open the possibility for a tort of privacy to be developed, no common law tort for invasion of privacy has been fully recognised in Australia. Rather, other causes of action, such as, trespass, nuisance, defamation and breach of confidence can be relied upon to a more limited extent to protect privacy.³