Journal article
Erosion at the beach: privacy rights not just sand
Privacy Law and Policy Reporter, Vol.11(8), pp.216-218
2006
Abstract
In August 2005, the Australian Standing Committee of Attorneys-General (SCAG) released a Discussion Paper entitled, Unauthorised Photographs on the Internet and Ancillary Privacy Issues, and called for public submissions. One of the instances causing concern was the covert photography of hundreds of children at South Bank Parklands (an artificial beach setting) in Queensland and the subsequent publication of the photographs on a website. Even though the photographs did not contain images of the children's private parts or doing private acts (for example, showering, toileting or changing clothes), it caused community outrage because the photographs were taken without consent of the parents of the children and were placed on a website where a larger audience could view the photographs. Not only would a larger audience be able to view the photographs, but arguably a different type of audience to what the parents would have intended, for example, paedophiles and paraphiliacs. There were no links on this website to pornographic sites, but the producer shut the website down as a result of the media attention. The erosion of privacy rights in a beach setting is not restricted to minors. Another example referred to in the Discussion Paper was topless women being photographed on a Sydney beach. This photographer was caught under a provision relating to offensive conduct. There are no laws in Australia that prevent a person from taking a photograph of another person at the beach without the other person's consent or from disseminating the photograph on the internet. This issue is very relevant to adult victims as well as minors. Canadian studies have suggested that women and children are usually the victims. A recent media statement by Linda Lavarch, Attorney-General and Minister for Justice, indicates that the new law reforms will protect adults and minors from being covertly filmed in private places, for example, changing rooms and toilets. It suggests that privacy rights will not be protected in public places such as the beach. This article focuses on the rights of topless female bathers, irrespective of age.
Details
- Title
- Erosion at the beach: privacy rights not just sand
- Authors
- Kelley Burton (Author) - Queensland University of Technology
- Publication details
- Privacy Law and Policy Reporter, Vol.11(8), pp.216-218
- Publisher
- HiTech Editing Pty Ltd.
- Date published
- 2006
- ISSN
- 1321-3563
- Copyright note
- Copyright © 2006 The Author. The author's accepted version is reproduced here with permission.
- Organisation Unit
- University of the Sunshine Coast, Queensland; School of Law and Society; Sexual Violence Research and Prevention Unit; School of Law and Criminology - Legacy
- Language
- English
- Record Identifier
- 99449942402621
- Output Type
- Journal article
Metrics
90 File views/ downloads
489 Record Views