Section 7B(4) of the Privacy Act provides an exemption for ‘acts and practices engaged in by media organisations in the course of journalism’. A media organisation is an organisation whose activities consist of the collection, preparation and dissemination of news, current affairs, information or documentaries.

The Australian Communications and Media Authority has released a booklet called Privacy Guidelines for Broadcasters.

The guidelines are intended to assist broadcasters and members of the public to better understand the operation of the privacy provisions in the various codes of practice in realtion to their journalism activities. The guidelines provide an overview of the way in which ACMA will assess complaints by listeners or viewers which allege breaches of the privacy provisions in the broadcasting codes of practice. The guidelines are not legally binding.

The core notion found in the various code provisions is that broadcasters should not use material relating to a person’s private affairs without that person’s consent, unless there is an identifiable public interest reason for the material to be broadcast.

In considering complaints about intrusions into privacy ACMA will consider two main questions:
? did the material relate to a person’s private affairs? and
? was its broadcast warranted in the public interest?