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

Photo: Getty Images
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Stella Creasy targeted for deselection

Organisers on the left believe the Walthamstow MP is the ideal target for political, personal and geographical reasons.

Stella Creasy, the high-profile MP for Walthamstow and defeated deputy Labour leadership candidate, is the first serious target of an attempt to deselect a sitting Labour MP, the New Statesman has learnt.

Creasy, who is on the right of the party, is believed to be particularly vulnerable to an attempt to replace her with an MP closer to the Labour party’s left. Her constituency, and the surrounding borough of Waltham Forest, as well as the neighbouring borough of Leyton and Wanstead, has a large number both of new members, inspired either to join or return to Labour by Jeremy Corbyn, plus a strong existing network of leftwing groupings and minor parties.

An anti-bombing demonstration outside of Creasy’s constituency offices in Walthamstow – the MP is one of around 80 members of Parliament who have yet to decide how to vote on today’s motion on airstrikes in Syria – is the latest in a series of clashes between supporters of Creasy and a series of organized leftwing campaigns.

Allies of Creasy were perturbed when Momentum, the grassroots body that represents the continuation of Corbyn’s leadership campaign, held a rally in her constituency the night of the Autumn Statement, without inviting the MP. They point out that Momentum is supposedly an outward-facing campaign supporting Jeremy Corbyn and the Labour party towards the 2020 general election and the forthcoming local and European elections. Labour holds 27 out of 27 council seats in Creasy’s constituency, while Creasy herself has a majority of 23,195 votes.

“If you look at the seat, there is nothing to win here,” said one Labour member, who believes that Momentum and other groups are planning to depose Creasy. Momentum has denied any plot to remove Creasy as the MP.

However, Creasy has come under pressure from within her local party in recent weeks over the coming vote on bombing Syria. Asim Mahmood, a Labour councilor in Creasy’s constituency, has called for any MP who votes for bombing to face a trigger ballot and reselection. Creasy hit back at Mahmood on Facebook, saying that while she remained uncertain of how to vote: “the one thing I will not do is be bullied by a sitting Walthamstow Labour councilor with the threat of deselection if I don’t do what he wants”.

Local members believe that Mahmood may be acting as the stalking horse for his sister, the current mayor of Waltham Forest, Saima Mahmud, who may be a candidate in the event of a trigger ballot against Creasy. Another possible candidate in a selection battle is Steven Saxby, a local vicar. Unite, the recognized trade union of the Anglican Communion, is a power player in internal Labour politics.

Although Creasy has kept her own counsel about the direction of the party under Corbyn, she is believed to be more vulnerable to deselection than some of the leader’s vocal critics, as her personal style has led to her being isolated in her constituency party. Creasy is believed to be no longer on speaking terms with Chris Robbins, the leader of the council, also from the right of the party.

Others fear that the moves are an attempt by Creasy’s local opponents to prepare the ground for a challenge to Creasy should the seat be redrawn following boundary changes. The mood in the local party is increasingly febrile.  The chair of the parliamentary Labour party, John Cryer, whose Leyton and Wanstead seat is next to Creasy’s constituency, is said to fear that a fundraiser featuring the shadow foreign secretary, Hilary Benn, will take an acrimonious turn. Cryer was one of just four shadow cabinet ministers to speak against airstrikes in Syria.

Stephen Bush is editor of the Staggers, the New Statesman’s political blog.