Three Court of Appeal judges have expressed concern about television presenter Mike Hosking's twin daughters becoming fair game for paparazzi if their photographs are allowed to run in a women's magazine.
Court president Justice Gault suggested to New Idea lawyer Julian Miles, QC, yesterday that 2-year-old Ruby and Bella Hosking could
become "media celebrities" pursued by other photographers if the court let the magazine publish pictures taken last December.
He could understand the parental concern if publication of those photos became a precedent for taking more.
But Mr Miles said there was "no rational basis" for restraining the press at this stage. The courts could take action in future if there was evidence of emotional harm to the girls.
Hosking and his estranged wife, Marie, are appealing against a High Court decision allowing New Idea to publish photographs of Mrs Hosking and the twins taken in an Auckland street just before last Christmas.
The magazine has agreed not to publish them until the appeal decision.
The Hoskings are seeking a new common law right to privacy, which does not exist at present. The media have long been free to publish pictures of people taken in a public place, even without the consent of the subject.
The Hoskings say they fear Ruby and Bella might be kidnapped if their pictures are published.
Justices Tipping and Anderson also questioned Mr Miles about the likelihood of other photographers chasing the twins. Justice Tipping mentioned the recent case of former Queer Nation presenter Jonathan Marshall and researcher David Herkt, who were sacked for allegedly stalking Hosking.
Mr Miles said the Hoskings could invoke the Harassment Act to stop a repeat.
He said there was no evidence that the twins would be endangered by their photos being published. A very high standard of evidence of danger was needed before the courts could intervene to stop publication.
The hearing, before a full bench of five judges, is expected to end today.
- NZPA
