Earlier this year, after motor racing aficionado Max Mosley took legal action against the News of the World over an alleged Nazi themed s-x party he held, the British media and everyone else for that matter, was put on notice that if they published intimate details of a person’s private life they could expect to be sued for breach of privacy. And now Victoria’s Court of Appeal has confirmed that an action for breach of confidence is another weapon that can be used against those who breach privacy.

Yesterday, the Victorian Court of Appeal confirmed its growing reputation as being Australia’s most human rights oriented court, when it found that a Melbourne woman Alla Giller had a right to claim damages from an ex-lover Boris Procopets who took a video of himself and Ms Giller having s-x and threatened to, and in some cases actually did, show the video to friends and relatives of Ms Giller.

The actions of Mr Procopets caused Ms Giller to suffer serious mental illness, humiliation and distress and she sued him for breach of confidence, breach of her privacy and action against him for intentionally causing harm.

The Court of Appeal skirted around the question of whether or not an action for breach of privacy exists yet in Australia, although they did say that if it does, Ms Giller would probably succeed. But the publication and threatened publication of a video showing parties having s-x was a clear breach of confidence and a case of intentionally causing harm. What’s more, said the Court, Ms Giller did not have to show that she has a recognised psychiatric illness to get an award of damages, it is enough that she suffered mental distress and humiliation. In this case, Ms Giller was entitled to $40,000 in damages for the hurt and distress caused to her.

Ms Giller’s decision tells the media — and Internet based networks like Facebook, MySpace and the like — that they ought to think carefully before allowing the publication of what the courts would consider to be confidential aspects of a relationship or a person’s life. The case also recognises that the right to sue where an individual is hurt and humiliated by another party publishing information about them that is obviously private.

The Victorian Court of Appeal’s decision is an important one for the protection of human rights. The trend in recent years, particularly since the advent of the Internet, has been for individuals to use the electronic and print media to harm others, by divulging information or rumours about people. Every day on the Internet somebody somewhere will publish details of another person’s s-xual activities, or details about other intimate and private matters such as their financial, relationship or medical status. Individuals are harmed and humiliated by this conduct, even if they do not suffer mental illness.

If that happens to you, then at least in Victoria now, you have some form of legal redress.