The best documentaries definitely do involve families and usually will pay them to get them to give as much as they can. But this won't always be possible, given many families will want to keep their privacy. I guess we'll wait and see what comes out.
I listened to a podcast today ('
The Rest is Entertainment', Mushroom Murders: True Crime Wars) that talked about this case and the inevitable proliferation of podcasts, tv shows etc.
They said when it comes to documentaries when you don't have the major players involved or haven't been there since day one filming the whole thing, show creators could choose other options. Either the cheapest way, which is just using tv news footage and a bunch of talking heads and you basically just talk "about" the whole thing. And then the other way is you base it all around one person eg a relative who is willing to talk to the media and sell their story, or someone else who was involved (eg a police officer who might have since retired and willing to speak) and maybe give you never-before-seen stuff, and you tell it from that persons POV.
You can't just blanket ask to never be talked about. If someone creates a show that defames you, you can sue them for defamation. But other than that, there's no inherent right to privacy in Australia that prevents someone making a tv show about you - so long as they don't defame or misrepresent you, or breach confidentiality (plus you can't breach court orders that prevent the media naming certain people such as when connected to child victims/ crimes against children). If some doco maker found a neighbour willing to talk, they could do so - so long as they stuck to those rules.
In Australia, there is no general right of privacy, nor a right prohibiting one person from telling a story about another person.
Also -
dead people cannot legally be defamed. As in, the 3 dead people are actually open season in terms of doco making. Their family cannot seek to sue anyone on their behalf, either.
It is a complete defence to a defamation action if you can prove the material published was true in substance or not materially different from the truth.