Abstract
The last two decades have witnessed unprecedented changes in the technological climate and media landscape. Today, when individuals enter public places, they can be filmed, and this footage can be widely disseminated in media communication channels without their consent or even knowledge. The expectation of privacy one may have traditionally had in a public place is changing. It is, therefore, imperative the law keeps up.
This paper refers to those unlucky enough to have the private moments they experience in public disseminated in media footage as "involuntary subjects of media attention" (hereafter "involuntary subjects"). The paradigm example of an involuntary subject is the average citizen who appears in ride-along-style reality programmes. The involuntary subject may also appear in news or current affairs programmes, livestreams, YouTube videos, or even TikToks. Therefore, the reference to "media attention", encapsulates everything from the television broadcast produced by the commercial media entity to the TikTok posted by an ordinary citizen.
This paper will consider whether the balance between the involuntary subject's privacy and the defendant's freedom of expression is correct in this modern context. While my focus is on the state of the law in New Zealand, I borrow academic and judicial discussions and developments from the United States and the United Kingdom because of their wider dialogue on the topic.