The Sydney Photography Meetup Group Message Board › Privacy and photographs
There is no absolute right of privacy in Australian law. The Australian Communications and Media Authority (ACMA) establishes conditional rights in terms of what media organisations may broadcast. Photographers who respect ACMA guidelines are not guaranteed exemption from legal proceedings, but anyone who breaches them and posts stuff on a web site may be in trouble. The guidelines provide that:
In essence, each of the codes protect against the broadcast of material that invades aKey questions are:
> Was a person identifiable from the broadcast material?It is possible to intrude on personal seclusion even by filming events that occur in public: for example by closely depicting the pain of someone seriously hurt in an accident, the anguish of someone who has just witnessed a horrific death, or by a couple having sex in an obscure corner of public parkland.
While consent of the person depicted is generally defence against a claim of breach of privacy, this may not be the case with children, who may, for example "lack the capacity, judgement or experience to make an informed judgement about the consequences of being filmed for a television program".
ACMA is considering revision of its guidelines and has called for public comment. A paper containing the detailed present privacy guidelines and its determination of several previous complaints of breaches is here