Amalgamated Television Services Pty Limited v Marsden

Amalgamated Television Services Pty Limited (ATV) appealed to the New South Wales Court of Appeal against a judgment of the Supreme Court of New South Wales. The dispute concerned the publication of a television program by ATV which the respondent, Mr. Marsden, alleged constituted a breach of confidence and invasion of privacy. Mr. Marsden sought damages and an injunction.

The Court of Appeal was required to determine whether the broadcast of the television program constituted a breach of confidence. Specifically, the court considered whether the information broadcast was imparted in circumstances importing an obligation of confidence, whether the information was of a confidential nature, and whether the broadcast amounted to an unauthorised use of that information to the detriment of Mr. Marsden. The court also considered whether the tort of invasion of privacy, as recognised in Australian law, applied in this instance.

The Court of Appeal, in dismissing the appeal, affirmed that the common law tort of invasion of privacy had not been established in Australia. While acknowledging the potential for a breach of confidence claim, the court found that the information broadcast by ATV was not of a confidential nature, nor was it imparted in circumstances that would give rise to an obligation of confidence. The court reasoned that the information was of a public nature and that Mr. Marsden had no reasonable expectation of privacy in relation to its disclosure. The court also noted that the program did not contain any private or personal details that were not already in the public domain.