Court scrutinises media use of rampage victims’ images
Jack Gramenz |
The fiancé of a Bondi Junction stabbing victim has taken aim at news outlets re-publishing social media photos before the first anniversary of the deadly rampage.
Ashley Wildey’s lawsuit poses potential broader ramifications for the media whose coverage has already been placed in focus by an inquest into the April 2024 mass stabbings.
His partner, Dawn Singleton, was among six people killed at the shopping centre in Sydney’s east by Joel Cauchi before he was shot dead by police last April 13.
Mr Wildley alleges Nine Network’s 60 Minutes program and sister outlet Sydney Morning Herald breached his copyright with images of the 25-year-old.
The newspaper published a picture of Ms Singleton – credited to “Facebook” – ahead of the inquest’s directions hearing on Monday.
The situation is “extremely distressing” given the tragedy’s approaching anniversary and an expectation of further alleged infringements, Sue Chrysanthou SC said on Wednesday.
“(Nine) has taken the view that it is entitled to take photos that it doesn’t own from my client’s social media at any time and use those photos in any way it wishes,” Ms Chrysanthou told the NSW Supreme Court.
Such use has been happening for almost a year, she said.
“We became overwhelmed with the number of infringements we discovered once we looked into it,” she said.
Ms Singleton’s father, ad man John Singleton, has called for the upcoming inquest to be abandoned, describing it as a “waste of time”.
His media campaign in the lead-up included an interview on 60 Minutes in which Ms Singleton’s images were used.
Barrister Lyndelle Barnett, appearing for Nine, said Wednesday’s hearing was the first she heard of the newspaper being brought in to the case.
She expressed concerns the lawsuit’s expansion will complicate a case Ms Chrysanthou had portrayed as “pretty straightforward”.
But Ms Barnett indicated the outlets may have a defence under fair dealing provisions which limit copyright claims in news reports.
The case returns to court in May, after the inquest begins on April 28.
Cauchi, 40, killed six people and wounded at least 10 others at a shopping centre in Sydney’s east on April 13, 2024, before being shot dead by police.
Ms Singleton, 25, Ashlee Good, 38, Jade Young, 47, Pikria Darchia, 55, Yixuan Cheng, 27 and security guard Faraz Tahir, 30 were killed.
Ms Chrysanthou is representing Ms Singleton’s family, excluding her father, as well as relatives of Ms Good and Ms Young at the inquest.
They support the inquiry and understood it was mandatory, she said on Monday.
Its scope has expanded to include examinations of media attempts to obtain information, images and footage, as well as the impact of reporting on those who lost family members.
“The media will have to reflect deeply on that, we hope,” counsel assisting Peggy Dwyer SC said.
Ahead of the anniversary, a memorial will be established at Bondi Junction on Thursday with displays of photographs and messages on floral tributes laid after the mass homicide.
Welfare support officers will be on site over the weekend to support the public.
AAP
