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15 May 15
Social media: a breach of confidence?

Wilson v Ferguson [2015] WASC 15

The Supreme Court of Western Australia has found that individuals in a close relationship may owe one another equitable obligations of confidence, particularly in circumstances where intimate and private information is exchanged in a social media context.  A breach of that obligation may bring about liability for substantial damages awards.

In Wilson v Ferguson [2015] WASC 15, the Western Australia Supreme Court awarded damages of $50,000 for humiliation, anxiety and stress suffered by the Plaintiff after a jilted ex-lover posted confidential (and explicit) photographs and videos on Facebook.  The Court also made orders restraining the Defendant from publishing further photos and videos.

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