By ANGELA GREGORY
The establishment of a new tort of privacy which stipulates grounds on which people can expect to successfully sue broadcasters or publishers is fair, says a media law expert.
Auckland University associate professor of law Rosemary Tobin told the Herald yesterday that the "mammoth" decision released by the Court
of Appeal was an exciting development in media law.
Professor Tobin said she thought the court had got the balance between privacy and freedom of speech "exactly right" and the media had nothing to fear as the thresholds for seeking damages were set high.
She said the primary remedy to a legal breach of privacy was damages, that was the right to sue.
Constitutional lawyer Mai Chen, who represented Mike Hosking at the Court of Appeal, said the Law Commission needed to do more work on privacy issues.
Ms Chen said the judgment showed up gaps in New Zealand's inadequate privacy law.
However, she said, although the judgment had gone against the Hosking's case it was nonetheless a welcome and significant decision on privacy issues.
"It establishes a new right of action on privacy and the media will not be able to appeal against it as the case was dismissed."
She said the tort provided future protection for the likes of the Hoskings and other New Zealanders whose privacy was "seriously interfered with".
