TCN Channel Nine Pty Ltd v Miller

TCN Channel Nine Pty Ltd appealed to the New South Wales Court of Appeal against a judgment of the Supreme Court of New South Wales. The dispute concerned the broadcast of a television program by TCN Channel Nine which the respondent, Miller, alleged constituted a breach of confidence and an invasion of privacy. Miller sought damages and an injunction to restrain further publication.

The Court of Appeal was required to determine whether the broadcast of the television program constituted a breach of confidence. Specifically, it had to consider 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 the respondent. The court also considered whether the common law of Australia recognised a right to privacy that could be invoked in this context.

The Court of Appeal held that the information broadcast was not imparted in circumstances importing an obligation of confidence, nor was it of a confidential nature. The court found that the respondent had not established that the information was private or that its disclosure would cause detriment. Furthermore, the court affirmed that Australian law does not recognise a general right to privacy that would support the claim. Consequently, the appeal was allowed, and the judgment of the Supreme Court in favour of Miller was set aside.