Media expert suggests Simon Bridges could sue Jami-Lee Ross for damages

A media law expert says Simon Bridges could take Jami-Lee Ross to the civil court in regards to the leaked telephone call shared between the two.

The six-minute call was released by Ross, who believes it pinpoints where Bridges stepped out of line in regard to electoral law wrongdoing, earlier today.

Wellington media lawyer Steven Price told the Herald Bridges could take Ross to court on either invasion of privacy or breach of confidence claims.

Legally, there was nothing wrong with Ross recording and releasing the audio but Bridges potentially had a case within New Zealand's civil laws, he explained.

"Invasion of privacy is about things by nature, personal and intimate where you have a reasonable expectation of privacy. And the disclosure is highly offensive.

"Breach of confidence is about where it's understood that you are being given information that you shouldn't be disclosing to somebody else.

"Both of those are in play here potentially if Simon Bridges wanted to sue ... But there's a public interest defence," Price said.

Jami-Lee Ross speaking to media in Wellington. Photo / Mark Mitchell

The Ombudsman defines public interest as the concept of public good, covering a range of values and principles relating to the public good.

Price argued Ross could defend his right to share the recording online under public interest in relation to allegations Bridges committed electoral fraud.

He said it was important to recognise in some cases it is only appropriate to reveal sections of documents and recordings under public interest.

"If the recording has some significance for some sort of electoral offence then I think you've got a pretty easy public interest argument.

"If the recording doesn't, which is what Simon Bridges seems to be saying, then I'm not sure you do have a public interest defence.

"But there may be public interest in the way Bridges is discussing various ethnicities and the way he is describing the competency of some of his employees," Price said.

He thinks Bridges could "spill out a claim" but said if he did, he wouldn't necessarily win against Ross.

"Both of them must understand it's meant to stay private, there's a reasonable expectation of privacy [Bridges] could argue.

"This kind of blurs breach of confidence and invasion of privacy.

"For breach of confidence, Bridges would have to show that the information wasn't publicly known, and was given to him in a way that made it clear that it should remain secret.

"He'd have to show a reasonable expectation of privacy and then that publishing it would be highly offensive.

"If Simon Bridges could show that then Jami-Lee Ross would have to argue it's public interest," Price said.