(New Zealand High Court) The plaintiffs complained that a relative’s tombstone was depicted in a satiric film set in part in a cemetery, and containing a significant degree of gore and violence. The tombstone was never shown in its entirety, appearing for 14 seconds only, and it was not possible to read any writing on the tombstone.
Held: The tombstone could not be identified by viewers. Moreover, there was nothing to connect the action in the film with the tombstone. A child may have a right of residence with her parents, but does not have a sufficient interst in the land to bring an action for trespass. There was however a tort of invasion of privacy involving public disclosure of private facts, but the disclosure, to be actionable, must be highly offensive and objectionable to a reasonable person of ordinary sensibility.
The infliction of emotional distress which is recognised by the authorities requires proof of something more than a transient reaction of emotional distress, regardless of initial severity.
Judges:
Gallen J
Citations:
[1993] 1 NZLR 415
Jurisdiction:
England and Wales
Citing:
Cited – Wilkinson v Downton 8-May-1997
Thomas Wilkinson, the landlord of a public house, went off by train, leaving his wife Lavinia behind the bar. A customer of the pub, Downton played a practical joke on her. He told her, falsely, that her husband had been involved in an accident and . .
Cited by:
Cited – Rhodes v OPO and Another SC 20-May-2015
The mother sought to prevent a father from publishing a book about her child’s life. It was to contain passages she said may cause psychological harm to the 12 year old son. Mother and son lived in the USA and the family court here had no . .
Lists of cited by and citing cases may be incomplete.
Land, Torts – Other, Media
Updated: 08 May 2022; Ref: scu.566205