Privacy and the Media – A Platform for Change?

41 Pages Posted: 6 Aug 2012

See all articles by Roger Clarke

Roger Clarke

Xamax Consultancy Pty Ltd; University of New South Wales (UNSW) - Faculty of Law; Australian National University (ANU)

Date Written: July 20, 2012


A free press is both a critical feature of an open, democratic society and a threat to privacy. For decades, the media in Australia have successfully avoided meaningful regulatory mechanisms, through a combination of corporate muscle and the chimera of self-regulation. But events in recent years raise the possibility that change may be on its way.

From 2006 to 2011, the News of the World revelations weakened the Murdoch empire. This emboldened politicians in Australia as much as in the UK. In parallel, public dissatisfaction has been evident with media behavior and unjustified disclosures of personal data in media publications. Calls for institutional and process reformation to achieve more appropriate balances have risen to a crescendo.

This paper chronicles the key events in Australia between 2007 and 2011, in the process unfolding the key issues. In 2009, the Australian Privacy Foundation published specific proposals aimed at an enhanced self-regulatory regime. Discussions with News Limited, Media Alliance, the ABC, the Australian Press Council (APC) and university research centers were all fruitless. A mailing to the complete list of Professors of Journalism resulted in nothing more than a couple of acknowledgments of receipt.

Yet, only two years later, during the course of 2011, four separate processes with potentially significant outcomes occurred. Firstly, the Government canvassed a civil right of action that would apply to the media as it would to everyone else. In addition, both the APC and the Australian Communications and Media Authority (ACMA) undertook reviews of their codes and processes. The fourth initiative was an independent inquiry into media regulation, which recommended in early 2012 that a News Media Council be established, to replace both the APC and ACMA.

These activities represent a platform for change. Whether there will be outcomes, and whether they will be positive for privacy, depends on the degree of commitment of the proponents for change.

Keywords: media behaviour, media regulation, media codes, media convergence

Suggested Citation

Clarke, Roger, Privacy and the Media – A Platform for Change? (July 20, 2012). University of Western Australia Law Review, Forthcoming; UNSW Law Research Paper No. 2012-29. Available at SSRN:

Roger Clarke (Contact Author)

Xamax Consultancy Pty Ltd ( email )

78 Sidaway St
Chapman, ACT 2611
+61 2 6288 1472 (Phone)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052

Australian National University (ANU) ( email )

Canberra, Australian Capital Territory 2601

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