Site icon swarb.co.uk

Hosking and Hosking v Simon Runting and Another; 25 Mar 2004

References: [2004] NZCA 34, [2005] 1 NZLR 1, (2004) 7 HRNZ 301
Links: Worldlii
Coram: Gault P, Keith J, Blanchard J, Tipping J, Anderson J
(Court of Appeal of New Zealand) A photographer was commissioned to take photographs of the children of a well known television personality. He took pictures of Mr Hosking’s eighteen month old twins being pushed down a street by their mother. Mr and Mrs Hosking sought injunctions to prevent publication of the photograph relying on a cause of action for breach of confidence and for breach of privacy.
Held: The court identified two distinct versions of the tort of breach of confidence in English law: ‘One is the long-standing cause of action under which remedies are available in respect of use or disclosure where the information has been communicated in confidence. Subject to possible ‘trivia’ exceptions and to public interest (iniquity) defences, those remedies are available irrespective of the ‘offensiveness’ of the disclosure. The second gives a right of action in respect of publication of personal information of which the subject has a reasonable expectation of privacy irrespective of any burden of confidence.’
The taking of photographs in a public street must be taken to be one of the ordinary incidents of living in a free community, and there was no cause of action in tort for breach of privacy based upon the publication of photographs taken in a public place and the action for breach of confidence required there to be established a reasonable expectation of privacy in respect of matters whose publication would be considered highly offensive to an objective reasonable person.
This case cites:

(This list may be incomplete)
This case is cited by:

(This list may be incomplete)
Last Update: 29-Nov-15 Ref: 247606

Exit mobile version