High Court backs free speech and whistleblowers in significant ruling on activist footage

The Human Rights Law Centre and the Alliance for Journalists’ Freedom welcome a High Court decision published today with significant implications for press freedom and whistleblowers.

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The decision in the Farm Transparency International v The Game Meats Company means Game Meats is not entitled to own the copyright in footage obtained by the animal rights activists.

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In 2024, the animal rights group trespassed onto the grounds of an abattoir to place hidden cameras that filmed the process of slaughtering goats. Last year, the full bench of the Federal Court imposed a “constructive trust” over the copyright material, effectively transferring ownership of the video to the abattoir.

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The animal rights group appealed to the High Court, where the Human Rights Law Centre and Alliance for Journalists' Freedom appeared as friends of the court. The two organisations argued that by granting copyright ownership of the video to the subject of the footage without taking into account public interest and freedom of speech considerations, the Federal Court’s ruling had dangerous implications for journalists and whistleblowers who might rely on covert cameras to capture evidence of alleged wrongdoing.

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The High Court agreed and set aside the constructive trust, but granted an injunction preventing publication of the footage and ordered Farm Transparency to permanently delete or destroy the footage.

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The Centre and the Alliance are represented on a pro bono basis by Marlia Saunders, Amelia CausleyTodd and Joel Parsons at Thomsons, instructing Hamish Bevan SC, Jessie McKenzie and Paul Farrell of counsel.

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Quotes attributable to Peter Greste, Executive Director at the Alliance for Journalists’ Freedom, said:

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“This is an important decision for press freedom. The High Court has recognised that earlier orders in this case were made without adequately considering the impact on the freedom of communication by third parties. Those orders could have seriously limited the work of journalists and broadcasters acting in the public interest.

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“The judgment reinforces the importance of political communication and free speech in Australia.”

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Quotes attributable to Kieran Pender, Associate Legal Director at the Human Rights Law Centre, said:

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“Journalists and whistleblowers serve a vital democratic function in exposing potential wrongdoing in our society. Developments in the law which undermine that function raise grave concerns. We welcome the High Court’s decision and its setting aside of the Full Federal Court’s order imposing a constructive trust over copyright material.

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“This decision prevents development of law which in other cases may have allowed perpetrators of alleged wrongdoing to acquire copyright in order to prevent public interest reporting.”

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Media contact: Thomas Feng, 0431 285 275, thomas.feng@hrlc.org.au

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