Lara Bingle’s chances of successfully suing Brendan Fevola for taking a nude photograph of her in the shower and making it public are limited by Australia’s privacy laws, says a leading Brisbane technology lawyer.
According to Michael Morris, head of HopgoodGanim’s Intellectual Property and Technology practice, the circumstances in which the law can intervene to prevent a photo of an individual being distributed without permission are limited.
“Australian privacy law offers very little protection for individuals. Under our privacy laws, it is quite possible that ordinary people would have little or no legal right to prevent the unauthorised use of their image”.
Morris says that Bingle would need to prove that the publication of the nude photo is defamatory or a breach of confidence.
“Bingle may be able to argue that the publication of the naked photo has defamed her because it implies that she is the kind of person who would willingly allow others to take non-professional or non-artistic nude photos of her, which in turn may lower others’ estimation of her”.
He says the laws of confidentiality also impose some restrictions on taking unauthorised photos, but only where these are highly personal, such as photos of sexual situations.
“It is commonly argued that Australian law doesn’t adequately protect an individual’s privacy, or do anything to prevent photographs being published without consent.
“If Lara Bingle chooses to begin the legal action she has threatened, it may give the Australian Courts the chance to consider whether an individual’s right to privacy should exist and, if so, what the scope of that right should be.”
Contact:
Esther Cohen, Communications Advisor
Tel: 07 3024 0192
