@mg welcome aboard. Cracking start to kick off with replying to and critiquing your own posts.

@antipodean Probably almost as bad as if someone discovered where they're buried?

That we lost to Ireland.

Natalya King  /  Oct 7, 2016  /  Media

Aaron Smith got screwed – and Stuff could end up getting sued

Aaron Smith's indiscretions have been the biggest media story of the week. But lawyer Natalya King believes both the couple who made the recording and the media which broke the story may have committed an invasion of privacy.

Aaron Smith got screwed – and Stuff could end up getting sued

By Natalya King
October 8, 2016
Aaron Smith’s indiscretions have been the biggest media story of the week. But lawyer Natalya King believes both the couple who made the recording and the outlets which broke the story may have committed an invasion of privacy.

Amidst the red-eyed rage that greeted the news that All Blacks have sex – and sometimes have sex with women who are not their partners (what a shock) – there was one somewhat unexpected voice of calm. The New Zealand Herald reports that, discussing the matter on the Paul Henry Show, Judith Collins admitted “the situation wasn’t her business.”

Quite. In fact, the law might go so far as to say not only was it not Judith’s business, or yours or mine for that matter, but that recording Aaron Smith’s escapade and sending it into a news outlet was actually an invasion of his privacy.

In the legal sense, an invasion of privacy is the “highly offensive” disclosure of private facts. That is, if Aaron had a reasonable expectation of privacy in the facts of the event, and if the average person considered that the publicity given to those facts was highly offensive then Stuff (or the couple who enthusiastically recorded the incident) may well find themselves on the wrong end of an invasion of privacy claim.

smithss

Absent some voluntary disclosure by way of, for example, an intentionally leaked sex tape, it’s usually pretty clear that sex between two consenting adults is a private matter. And yes, I know, part of the appeal in having sex in a toilet cubicle is the risk of getting caught, but when ahem push comes to shove, it’s a little difficult to see how one’s sexual activity in a confined and indoor space with four walls is anything other than a private fact.

Some, including Stuff, the aforementioned receiver of the amorous audio-recording, have asserted that the toilet cubicle was a public place, but that’s not quite true. Aside from the obvious problem that the entire purpose of a closed door is to create a private space, Christchurch Airport is a private business that prohibits filming within the airport without its express permission, and without payment of a “location charge”.

See also: Eight key learnings from the Aaron Smith toilet sex scandal

Even if it were correct to say that the airport is a public space (and good luck getting a judge on board with that one), that doesn’t mean that Smith’s sexual activity automatically loses its private status. The law still protects a degree of privacy in public – for context, the UK Courts found that photos of Naomi Campbell on the street outside a drug treatment centre were disclosure of a private fact,¹ and the New Zealand courts have protected as private a conversation between an allegedly intoxicated driver and her husband following a car crash on a public highway in New Zealand.²

Just like Naomi Campbell (albeit probably not quite like Naomi Campbell) one issue for Aaron Smith has been his celebrity status. All Blacks, so the theory goes, give up their right to privacy as soon as they get Steve’s call. But that’s not quite right either. In the eyes of the law, a person’s right to privacy can be eroded if there’s some legitimate public concern in the matter. Legitimate public concern, according to the courts, covers issues like public health and safety, or the conduct of the government. That might automatically mean that some well-known figures, like politicians, have a lesser right to privacy, but on the sliding scale of celebrity status vs public concern, an All Black and his sexual proclivities are fairly low level. Put another way, two people using a disabled toilet as a space in which to carry out their infidelity might be distasteful, but it’s not a matter of national importance.

Put in that context, the only remaining question is whether the publicity of Aaron’s tryst in the toilet – and its accompanying audiotape – was highly offensive. For my part, when John Key’s commenting on your sex life it’s gone well beyond that.

@canefan said in Alternative needed from the absolute crap of stuff.co.nz:

https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12181038

Someone is trying hard to resuscitate this fluffybunny's image but it's too little too late after she sunk herself with her actions. And she definitely is not hawt!

She is when you cut her hair and put 13 on her back.

@taniwharugby said in Has Hansen gone stale?:

What I dont like is where a win might be sacrificed solely with an eye on a RWC, if this ends up being the case then we will end up with friendlies and less interest in between RWCs.

Poor old Bonesetta trying to comfort me near the end of the match. "Oh well at least these games don't matter". The confusion and regret on her face from the glare she got back was priceless. Bless her, she's into rugby in a big way but only been that way since she met me...actually really picked up on the nuances really well.

May she rest in peace. Anyone want to buy a shovel? Only used once.

@Yeahtheboys said in Hardik Pandya controversy:

Jsut saw that everyone’s anal about his comments and I think it’s pretty bullshit how pc this world is. “Free speech” my ass. But since it’s againsy women no one will dear speak up or they’ll be regarded as sexist

Not everyone.

For example, I have no idea what you are talking about.

@bobily2 said in All Blacks 2022:

He wasn't particularly excited about Jordie playing at 12. He thought he was one of our best last year with his work under the highball etc. However, perhaps he is an option there.
He views Rieko as a wing playing centre, but has been very impressed by his growth in the last year.

That is a shithouse take by a casual fan who's only watched a couple of clips on the news from 2-3 years ago right? Not the ABs coach watching these guys crush it in their positions this year?

@NTA said in Rebels vs Highlanders:

That was a good game. A couple of those rebels tries were amazing, and you have to wonder if they would have been a better side picking Gordon-To'omua from the get go at 10-12

Can't help but think Faamausilipenalty and Leotaforthepenalty might be better off the bench too.

@Stargazer said in Rebels vs Highlanders:

@Bones said in Rebels vs Highlanders:

@Stargazer said in Rebels vs Highlanders:

@SouthernMann Didn't really notice him (that can be a good thing in a game full or errors).

You didn't really notice him shrugging off rebels players willy nilly in the first half?

Oh yeah that's right Havili.

Wtf? Didn't even cross my mind.

It's gotten so bad it's unconscious 😉

@Stargazer said in Rebels vs Highlanders:

@SouthernMann Didn't really notice him (that can be a good thing in a game full or errors).

You didn't really notice him shrugging off rebels players willy nilly in the first half?

Oh yeah that's right Havili.

Gutted I have to watch that garbage again next week. Was hoping for it to be over...

Yuuuuck. Kept in it by shining moments from Harmon, MMT, Fakatava, TUJ.

Paea with his best game though eh, he did one slightly positive thing. Smith with his worst.

A team who can't finish a chance like that against the mighty rebels doesn't deserve to go near a finals series.

Smith is looking dodgy as today.

The state of jerseys these days.

The reds are called blue.