Last December I wrote a post
about privacy and family law – and in particular the section of the Family Law Act which stipulates that publishing
words or images which reveal the identity of those involved in family law
proceedings is an offence.
Well last week a case hit the
headlines on just this issue.
In May 2012 The Courier-Mail published the names and a number of front page
photos of children involved in an international parenting dispute.
Following the publishing of those
details and photos the Chief Justice of the Family Court made a complaint to
the Australian Federal Police who investigated the matter. Ultimately the
newspaper was charged with four breaches of the relevant section of the Family Law Act.
The newspaper pleaded guilty to
breaching the Family Law Act during
its coverage of the case.
When the matter came before District
Court Justice Martin for sentencing he said “It seems to me that the newspaper
seized upon what it regarded as a sensational story, which would be attractive
to readers, and put the story ahead of its legal obligations.”
The District Court heard that journalists
were warned on multiple occasions by a Court staffer and a legal officer about
the ramifications of identifying the family.
Justice Martin said “This was persistent,
serious offending in deliberate defiance of the law and importantly in complete
disregard of the interest of four children.”
Justice Martin fined the paper
$30,000 per breach saying that the breaches were in the worst category and that
the newspaper had not shown any remorse for its actions. The maximum penalty is
$33,000 per breach but Justice Martin took into account the newspaper’s lack of
criminal history and its contribution to the community. Justice Martin said he believed
that the fine was severe enough to deter “like-minded” publishers.
While this is a fairly extreme case it does serve to
highlight the seriousness with which the Court takes breaches of privacy.
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