Richard Potter SC, defamation and privacy legal expert, has written an interesting paper on the current state of privacy law. In the introduction to the paper, he writes that:
“Australia has been an outlier for many years within Western legal jurisdictions by declining to introduce laws regarding serious invasions of privacy (outside existing personal data protection laws). The changes, to come into effect on 10 June 2025 throughout Australia, will almost certainly require publishers to engage in careful scrutiny of nonfiction publications – especially biographies and true crime.”
and in the conclusion:
“As with defamation, my advice is always to step back and imagine you are the person affected and try to stand in their shoes. Is it truly private and personal? Does the individual sometimes seek self-publicity? Is the information already in the public domain? Does it involve children in any way?”
No independent author wants to be caught up in expensive legal action relating to their book. If an non-fiction author suspects some of their material may be objectionable to other parties, she/he should seriously consider obtaining legal assistance or modifying the material in question. I have witnessed several expensive legal confrontations relating to defamation / privacy that could easily have been avoided.