Dear Jason;

Back in the day before privacy law was developed, there was a nuisance case decided by Young J in the SC of NSW, Raciti v Hughes (1995) 7 BPR 14,837; BC9501706 where his Honour reviewed a number of cases about strong lights and held they could amount to a nuisance. (This bizarre case involved the defendants having apparently set up a system of floodlights and video cameras angled into the plaintiff’s property, so that whenever their neighbours entered their back yard, the bright light and cameras came on to record what happened in the back yard!)

I have sometimes wondered whether the reason that the lights cases succeed, whereas we know that “view” cases fail in nuisance, is that in lights cases “something” (physicists can tell me if it is photons or waves or whatever) crosses the boundary into the plaintiff’s land (just as it is a nuisance to cause smoke or smells or noise to “cross the boundary”.) That rationale was not given in Raciti but it does provide an interesting review of light cases.

I guess the interesting issue is the nature of the harm caused by the projection. If it is a protest and you object to your building being used as a poster for a message you disagree with, then there is “annoyance” and “upset”, which it seems is regularly protected in “amenity” nuisance cases. There may even be some argument about “autonomy” and the right to use one’s land as one chooses? All in all nuisance may sound like a more plausible action in the Commonwealth sphere than trespass.

Regards

Neil

neil foster 

Associate Professor

Newcastle Law School
Faculty of Business and Law

T: +61 2 49217430
E: neil.foster@newcastle.edu.au

Further details: http://www.newcastle.edu.au/profile/neil-foster

My publications: http://works.bepress.com/neil_foster/ , http://ssrn.com/author=504828 

Blog: https://lawandreligionaustralia.wordpress.com 

MC177 (McMullin Building)
The University of Newcastle (UON)
University Drive
Callaghan NSW 2308
Australia

CRICOS Provider 00109J

From: "jneyers@uwo.ca" <jneyers@uwo.ca>
Date: Wednesday, 4 November 2015 5:16 am
To: "obligations@uwo.ca" <obligations@uwo.ca>
Subject: ODG: Is projecting a message onto the side of another's building a trespass?

Dear Colleagues:

A poster on the American Torts Prof listserve asked the question of

whether projecting a message onto the side of another's building is a

trespass (or nuisance).  Apparently this is becoming a popular protest

technique in the US.  Does anyone know of any Commonwealth authority

dealing with this issue?  I can think of nuisances case where the

reflecting or throwing of light has been at issue but nothing directly

on point.

Sincerely,

--

Jason Neyers

Professor of Law

Faculty of Law

Western University

N6A 3K7

(519) 661-2111 x. 88435