Playing Away from Home: Sportspeople, Privacy and the Law

Australian and New Zealand Sports Law Journal, Vol.6, pp. 35-62, 2011

Sydney Law School Research Paper No. 11/74

27 Pages Posted: 2 Oct 2012  

David Rolph

University of Sydney - Faculty of Law

Date Written: October 2012

Abstract

The private lives of sportspeople are of considerable interest to many media outlets and their audiences, yet sportspeople may not always be able to protect their privacy adequately by legal means. Focusing on Australian and United Kingdom law, this article examines how sportspeople can indirectly protect their privacy through defamation law. It also examines how breach of confidence and the proposed introduction of a statutory cause of action for invasion of privacy in Australia. Finally, it analyses the recent cases of Terry v Persons Unknown [2010] EWHC 119 (QB) and ‘the St Kilda schoolgirl scandal’ to explore the legal and practical difficulties sportspeople confront in protecting their privacy and managing their image.

Keywords: Media law, Sports law, Sportspeople, Australia, United Kingdom, Defamation, Reputation, Breach of confidence, Law reform

JEL Classification: K10, K30

Suggested Citation

Rolph, David, Playing Away from Home: Sportspeople, Privacy and the Law (October 2012). Australian and New Zealand Sports Law Journal, Vol.6, pp. 35-62, 2011; Sydney Law School Research Paper No. 11/74. Available at SSRN: https://ssrn.com/abstract=2155311

David Rolph (Contact Author)

University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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