Snapshot
- This is the second of two articles dealing with Australia’s new privacy tort, which is commencing 10 June 2025, and focuses on the exemption for traditional media.
- While validly aimed at protecting media organisations, it carries a high degree of subjectivity, especially in our modern media environment where the character of news is inherently disputable.
- This article will discuss the persons and organisations who are eligible for the exemption, before examining the nature of the material likely to be covered by the exemption.
Australia’s first invasion of privacy tort has a curious exemption for traditional news media. This exemption, contained within clause 15 of Schedule 2 of the Privacy and Other Legislation Amendment Act 2024 (Cth), undoubtedly provides significant protection for Australia’s newspapers, television and radio stations, and their online product. However, aspects of the exemption are uncertain and subjective.
In particular, the criterion restricting the exemption to journalistic material with ‘the character of news, current affairs or documentary’ is an element likely to be contested before the courts. Are salacious stories about celebrities just pure gossip or do they have ‘the character of news’? Do intimate or highly personal photographs or video material ascertain the character of news when employed to illustrate or accompany otherwise legitimate news stories?
