While the media is rightly concerned about protecting freedom of expression, this paper argues that this must not be to the exclusion of privacy rights.

This paper, presented at the 2010 Conference of the Centre for Media and Communications Law, argues that there are at present significant gaps in privacy laws. People’s privacy rights are unprotected in significant areas.

The way forward is to ensure that a serious breach of an individual’s privacy is protected through a statutory right of action. Technology no longer allows information to be forgotten. It is time that the gaps in the law are filled.