2 In essence, Lenah made three allegations: 1 It also argued the footage depicted some of the most gruesome parts of the processing operation and it was likely to arouse public distress and anger. Lenah argued that publication of the film would cause it financial harm. While the ABC was not involved in the trespass or the installation of the surveillance equipment, it was aware that the footage had been obtained unlawfully, at least after ABC’s application to the court. On becoming aware of the ABC’S plans to broadcast the footage on the current affairs program, the 7:30 Report, Lenah sought an interlocutory injunction to restrain the broadcast. The footage was being supplied to Animal Liberation Ltd, who later passed the footage on to the ABC. The hidden cameras were used to capture footage depicting the possum slaughter process. Unknown individuals unlawfully entered Lena’s premises and installed hidden cameras without Lenah’s knowledge or consent.
Lenah Game Meats Pty Ltd (Lenah) operated a possum meat processing plant in Tasmania. In a win for animal activists and civil rights, the majority of the High Court found in favor of ABC by rejecting Lenah’s argument and held that the interlocutory relief was unavailable to Lenah. The case raises novel questions as to the legality of publishing materials that are known to have been unlawfully obtained, and the extent to which media outlets can be restrained from publishing such materials, notwithstanding that there was no illegality on the part of the media outlet. In November 2001, Lenah Game Meats Pty Ltd (the respondent), sought an injunction from the High Court to restrain the Australian Broadcasting Corporation (ABC) (the appellant) from broadcasting footage of its possum meat production processes on the basis that such footage was unlawfully obtained from an anonymous source. Judges – Chief Justice Gleeson, and Justices Gaudron, Gummow, Kirby, Hayne and Callinan
By Emmanuel Giuffre, former Voiceless Legal Counsel and Rosie Phillip, former Voiceless Legal InternĬitation: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd HCA 63