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Celebrity implies commercial potential readily exploitable by both the celebrity itself and by the media. In this article, the author explores whether this commercial potential can be enhanced by the legal protections privacy could afford. He argues that the law should provide remedies for celebrities to protect their identity and name, which he likens to a brand. He further argues that the traditional tort of breach of confidence is insufficient for these purposes. Instead, he concludes a new tort of intrusion of privacy should be recognised enabling the person entitled to privacy to have significant control over their brand. The author analyses recent legal developments in the United Kingdom, where privacy has entered the realm of tort law through the European Convention of Human Rights, and in Australia, where this tort has not been recognised at the federal level, but where new trends at State level may allow for the recognition of this tort.

Document Type: Research Article

Publication date: January 1, 2007

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