Can Ned RocknRoll's facebook pictures really be called "private"?

Cat's already out of the bag.

Pictures of Ned RocknRoll taken at a private party were on Facebook for two and half years for all the world - and particularly James Pope’s 1,500 Facebook "friends" - to see. I understand that The Sun found them on a trawl of publicly-viewable Facebook pages. So how can they possibly now be considered private?

To find out we must await publication of Mr Justice Briggs’ reasoning, expected in nine days’ time, for his decision yesterday to uphold an interim privacy injunction first granted last week.

The Sun has paid the price for going to RocknRoll in advance of publication for a comment on 2 January.

The result was for Pope to take the photos down and for RocknRoll, after previously apparently voicing no objection to them being visible to anyone with a computer and the inclination to search for them, has deemed them to be private.

The Sun argued that they were in the public interest because RocknRoll was a public figure after marrying the actress Kate Winslet and because he had sold photographs of a previous wedding to Hello! Magazine.

To take a proper view on whether publication is in the public interest one would need to know exactly what it was RocknRoll was doing that he is now so keen to hide.

But it seems to me that in this case the public interest argument is probably a bit thin and in any case irrelevent.

Newspapers and broadcasters regularly publish all manner of material which cannot remotely be said to fulfil any legal definition of the ‘public interest’. They would be very dry publications and news programmes if they purely confined themselves to material which was deemed to serve some public good.

So the question with Ned RocknRoll isn’t whether publication was in the public interest, but whether the pics constituted a breach of his privacy.

After being viewed by up to 1,500 Facebook "friends", and many more people on the wider internet besides, I would argue that the cat was out of the bag on that one and privacy doesn’t come into it.

Copyright is another question, not the subject of last week’s injunction.

But it is worth noting that when you publish a photograph on a publicly-viewable Facebook page – Facebook’s own terms and conditions are  very clear in warning that you are making it public property.

They state: “When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).”

This case isn't going to become a touchstone for press freedom. As far as I'm concerned RocknRoll could have daubed himself in pigs' blood and proclaimed his eternal loyalty to Satan at that fancy dress party two years ago and it would be his own affair and nothing to do with me (he didn't, I'm just making a point).

But once pictures have been viewed more than a thousand times online without complaint, can they really still be considered "private"?

This blog first appeared on Press Gazette

Ned RocknRoll recently marries Kate Winslet. Photograph: Getty Images

Dominic Ponsford is editor of Press Gazette

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The English left must fall out of love with the SNP

There is a distinction between genuine leftism and empty anti-establishmentarianism.

After a kerfuffle on Twitter the other night, I am all too aware that writing something even mildly questioning of the SNP government is the British equivalent of approaching a lion pride on a kill. Nevertheless, seeing the almost hero-levels of mental gymnastics tweeted by Mhairi Black, in the week of the Hillsborough inquiry whereupon Nicola Sturgeon posed with a copy of The Sun endorsing her re-election, prompted me once more to consider just how spectacular the distance has become between the SNP that stood against Ed Miliband versus the SNP today and in government.

Mhairi tweeted: “So Kezia wants to put up the taxes of Scottish people to subsidise Tory cuts that her party supported in Westminster?”. Confused? So am I.

This follows in a series of SNP revisionism on what austerity is and the excuses the SNP has hidden, not quite so conspicuously, up its sleeve to not act on its new tax powers, so as not to break its bond with Middle Scotland. They insist that Labour’s plans for a penny tax are not progressive, and have framed it in such a way that an anti-austerity plan has now become a subsidy for cuts Labour actually haven’t supported for more than a year now. Just like that, the SNP is a low-tax mimicry of Toryism.

But it isn’t ‘just like that’. The SNP have governed from an economically cautious stance for seven years. For a brief period, they borrowed Ed Miliband’s clothes. But once the Red Wedding had been completed, they returned back to where they started: as successors to New Labour, though that is hardly fair: they are far, far less redistributive.

So why is it, in the 2015 election, and even today, many of us on the left in England still entrust our faith in SNP rhetoric? Still beat the drum for an electoral ‘progressive’ coalition with a party that doesn’t seem very happy to embrace even the concept of higher taxes?

My theory is that the SNP have successfully, indeed more successfully than any party in Britain, adopted the prime hobby of much of the Left: ‘againstism’.

‘Againstism’, clumsy I admit, is to be against everything. This can include a negative framing of being anti-austerity but not pro-anything in its place. But in this instance, it means to be anti-establishment. The latter, the establishment, is what Labour as a party of government always has aspired to be in competing to be the national government in Westminster - which is why elements of the Left will always hate it and will always vote against it. In a way, some of the left is suspicious of governance. This is occasionally healthy, until it prevents real progressivism from ever being elected.

While in government, Labour could be seen as sell-outs, rightly or wrongly, because they became the establishment and had no one but themselves to blame. The SNP are the establishment, in Scotland, but can nevertheless exercise ‘againstism’, even with new tax powers. They always will so long as Westminster exists, and so long as their main motivation is independence. This is why the bogeymans that sustain nationalism are not natural allies of social democracy; to achieve social democracy would be to remove the bogeyman. This means that the Lesser New Labour tradition within which they govern will continue to go unnoticed, nor be doomed to eventual death as New Labour itself suffered, nor be looked back on as an era of neoliberalism. The SNP can just avert attentions back to the Westminster establishment. ‘Againstism’. Paradoxically, the way the SNP have managed to come to exploit this is because of New Labour's devolution. Devolution has created, for the first time, the perfect environment for an establishment in one part of the country to blame the establishment in another. It has allowed for the rise of an incumbent insurgent. The SNP can campaign as insurgents while still being incumbents. It is a spectacular contradiction that they alone can manage.

Insurgency and anti-establishment politics are not, of themselves, a bad thing. We on the Left all dip our toes in it. It is a joy. It is even more fun for us to be successful. Which is why the celebratory mood that surrounded the SNP gains in Scotland, a paradigm shift against one incumbent for another, is, objectively, understandable. But these insurgents are not actually insurgents; they are the illusion of one, and they have had the reigns of power, greater now for the Scotland Bill, for seven years. And they have done little radical with it. The aim of an anti-establishment politics is to replace an establishment with something better. All the SNP have done is inherit an establishment. They are simply in the fortunate position of managing to rhetorically distance itself from it due to the unique nature of devolution.

This is why some of the Left still loves them, despite everything. They can remain ‘againstists’ regardless of their incumbency. They do not have the stench of government as a national Labour government did and inevitable would have. So the English Left still dream.

But now, with this mounting evidence and the SNP’s clumsy revisionism, it is up to the English Left to distinguish between genuine leftism and empty anti-establishmentarianism, and to see the establishment -via governance- as something to define for itself, to reshape as something better, rather than something to be continuously against. This is, after all, what Attlee's government did. The SNP have not defined the establishment, they have continued someone else's. It's up to us to recognise that and fall out of love with the SNP.