AFL and Anor v The Age Company Limited and

[2006] VSC 308

Supreme Court of Victoria

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For Australian Law.

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Interrogate

Catchwords

1. Equity
2. › Breach of Confidence
3. › Confidential Information
4. › Whether information in the public domain
5. › Effect of publication on anonymous internet discussion forums
6. › Whether anonymous unverifiable internet postings destroy confidentiality
1. Equity
2. › Breach of Confidence
3. › Iniquity rule
4. › Scope of the defence
5. › Whether disclosure of possible drug use constitutes iniquity of public importance
6. › Whether disclosure must be to party with real interest in redressing wrong
1. Equity
2. › Breach of Confidence
3. › Public interest defence
4. › Whether general public interest defence exists in Australian law
5. › Distinction between public interest and public curiosity
6. › Whether balance favours maintaining confidentiality of rehabilitative drug testing policy

Quick Take

Anonymous, unverifiable postings on internet discussion forums do not place confidential information in the public domain for the purposes of the law of breach of confidence, because such postings lack the accountability and veracity associated with established media sources. The iniquity rule in Australian equity requires the person relying upon it to establish that the disclosure reveals a crime, civil wrong or serious misdeed of public importance, that the iniquity affects the community as a whole, and that the confidence is relied upon to prevent disclosure to a party with a real and direct interest in redressing the wrong. The existence of a general public interest defence to breach of confidence in Australian equity remains unsettled, but even if such a defence exists, the satisfaction of public curiosity does not constitute a sufficient public interest to override confidentiality.