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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Senior Labour and Liberal Democrat politicians call for a progressive alliance

As Brexit gets underway, opposition grandees urge their parties – Labour, Lib Dems, the SNP and Greens – to form a pact.

A number of senior Labour and opposition politicians are calling for a cross-party alliance. In a bid to hold the Conservative government to account as Brexit negotiations kick off, party grandees are urging their leaders to put party politics to one side and work together.

The former Labour minister Chris Mullin believes that “the only way forward” is “an eventual pact between Labour, the Liberal Democrats and the Greens not to oppose each other in marginal seats”. 

“Given the loss of Scotland, it will be difficult for any party that is not the Conservative party to form a government on its own in the foreseeable future," Mullin argues, but he admits, “no doubt tribalists on both sides will find this upsetting” and laments that, “it may take three or four election defeats for the penny to drop”.

But there are other Labour and Liberal grandees who are envisaging such a future for Britain’s progressive parties.

The Lib Dem peer and former party leader Ming Campbell predicts that “there could be some pressure” after the 2020 election for Labour MPs to look at “SDP Mark II”, and reveals, “a real sense among the left and the centre-left that the only way Conservative hegemony is going to be undermined is for a far higher degree of cooperation”.

The Gang of Four’s David Owen, a former Labour foreign secretary who co-founded the SDP, warns Labour that it must “face up to reality” and “proudly and completely coherently” agree to work with the SNP.

“It is perfectly legitimate for the Labour party to work with them,” he tells me. “We have to live with that reality. You have to be ready to talk to them. You won’t agree with them on separation but you can agree on many other areas, or you certainly should be trying.”

The Labour peer and former home secretary Charles Clarke agrees that Labour must “open up an alliance with the SNP” on fighting for Britain to remain in the single market, calling it “an opportunity that’s just opened”. He criticises his party for having “completely failed to deal with how we relate to the SNP” during the 2015 election campaign, saying, “Ed Miliband completely messed that up”.

“The SNP will still be a big factor after the 2020 general election,” Clarke says. “Therefore we have to find a way to deal with them if we’re interested in being in power after the election.”

Clarke also advises his party to make pacts with the Lib Dems ahead of the election in individual constituencies in the southwest up to London.

“We should help the Lib Dems to win some of those seats, a dozen of those seats back from the Tories,” he argues. “I think a seat-by-seat examination in certain seats which would weaken the Tory position is worth thinking about. There are a few seats where us not running – or being broadly supportive of the Lib Dems – might reduce the number of Tory seats.”

The peer and former Lib Dem leader Paddy Ashdown agrees that such cooperation could help reduce the Tory majority. When leader, he worked informally in the Nineties with then opposition leader Tony Blair to coordinate their challenge to the Conservative government.

“We’re quite like we were in 1992 when Tony Blair and I started working together but with bells on,” Ashdown tells me. “We have to do something quite similar to what Blair and I did, we have to create the mood of a sort of space, where people of an intelligent focus can gather – I think this is going to be done much more organically than organisationally.”

Ashdown describes methods of cooperation, including the cross-party Cook-Maclennan Agreement on constitutional reform, uniting on Scottish devolution, a coordinated approach to PMQs, and publishing a list 50 constituencies in the Daily Mirror before the 1997 election, outlining seats where Labour and Lib Dem voters should tactically vote for one another to defeat Tory candidates.

“We created the climate of an expectation of cooperation,” Ashdown recalls. Pursuing the spirit of this time, he has set up a movement called More United, which urges cross-party support of candidates and campaigns that subscribe to progressive values.

He reveals that “Tory Central Office are pretty hostile to the idea, Mr Corbyn is pretty hostile to the idea”, but there are Conservative and Labour MPs who are “talking about participating in the process”.

Indeed, my colleague George reveals in his report for the magazine this week that a close ally of George Osborne has approached the Lib Dem leader Tim Farron about forming a new centrist party called “The Democrats”. It’s an idea that the former chancellor had reportedly already pitched to Labour MPs.

Labour peer and former cabinet minister Tessa Jowell says this is “the moment” to “build a different kind of progressive activism and progressive alliance”, as people are engaging in movements more than parties. But she says politicians should be “wary of reaching out for what is too easily defined as an elite metropolitan solution which can also be seen as simply another power grab”.

She warns against a “We’re going to have a new party, here’s the board, here’s the doorplate, and now you’re invited to join” approach. “Talk of a new party is for the birds without reach and without groundedness – and we have no evidence of that at the moment.”

A senior politician who wished not to be named echoes Jowell’s caution. “The problem is that if you’re surrounded by a group of people who think that greater cooperation is necessary and possible – people who all think the same as you – then there’s a terrible temptation to think that everyone thinks the same as you,” they say.

They warn against looking back at the “halcyon days” of Blair’s cooperation with the Lib Dems. “It’s worth remembering they fell out eventually! Most political marriages end in divorce, don’t they?”

Anoosh Chakelian is senior writer at the New Statesman.