Opinion: Tort Has Costs
PRIVACY LAW—AUSTRALIAAugust 5, 2011
The Australian reacts to the government's proposed privacy tort that would allow civil actions for privacy breaches. "The proponents of the privacy tort have not yet grasped that litigation imposes costs on society that might not be readily apparent," writes Legal Affairs Editor Chris Merritt, pointing to the tort's potential impact on free speech and legal costs due to potential increases in litigation. "The critical question," Merritt writes, "is whether the benefits flowing from this proposed cause of action would justify the costs it will impose on business and society as a whole."