Proposal 11–9 The new Act should provide that courts may award an injunction, in an action for serious invasion of privacy.
11.62 The availability of an order of injunctive relief to prevent or restrain the publication of private information is an important protection proposed by the ALRC. In privacy actions, plaintiffs are likely to seek interlocutory or interim injunctions to prevent the commission or continuance of a serious invasion of privacy. For example, a plaintiff may seek to prevent the publication of their personal information by a media outlet. Given the fragile nature of privacy, preventing the irreparable harm of publication or disclosure of private information is critical.
11.63 The availability of an interim or interlocutory injunction to restrain publication may, in some cases, reduce or eliminate the need for further litigation or the need for a court to grant other remedies.
11.64 Previous law reform inquiries recommended that courts be able to order injunctive relief. Principles relating to injunctive relief in privacy cases are discussed further in Chapter 12.