ABSTRACT
This article explores the influence of the decision in Campbell v Mirror Group Newspapers Ltd (2004) on Australian general and statutory protections of privacy. One of the major legacies of the Campbell case is that privacy and confidentiality, while related and to some extent overlapping, should be protected through distinct causes of action. The new tort of misuse of private information, first proposed by Lord Nicholls in Campbell, is now firmly established in the UK but has not been recognised by Australian courts. Instead, Australia has recently enacted a statutory privacy tort that takes some cues from the UK misuse of private information tort, yet specifically exempts privacy invasions in the course of journalism. As such, the statutory tort effectively subverts Campbell’s status and influence as a case about the balance between privacy and media free speech. In this article, we also consider another legacy of Campbell, namely the support it provided for Australian courts in the decade following the House of Lords’ decision (to continue) to treat breach of confidence as a doctrine that could be drawn on to address misuses of information that is both private and confidential, while more specifically being focused on breach of trust. Although this creative judicial approach to breach of confidence has stalled in Australia in recent years, we argue that it offers a useful response to today’s modern media environment, in keeping with Campbell’s reformist spirit.
Witzleb, Normann and Richardson, Megan and Rivette, Michael, The Enduring Legacy of Campbell v MGN Ltd in Australian Privacy Law (September 30, 2025), Chinese University of Hong Kong Faculty of Law Research Paper No 2026-07; (2026) Journal of Media Law.
Leave a Reply