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

Getty
Show Hide image

Italian PM Matteo Renzi resigns after referendum No vote

Europe's right-wing populists cheered the result. 

Italy's centrist Prime Minister Matteo Renzi was forced to resign late on Sunday after he lost a referendum on constitutional change.

With most ballots counted, 60 per cent of Italians voted No to change, according to the BBC. The turn out was nearly 70 per cent. 

Voters were asked whether they backed a reform to Italy's complex political system, but right-wing populists have interpreted the referendum as a wider poll on the direction of the country.

Before the result, former Ukip leader Nigel Farage tweeted: "Hope the exit polls in Italy are right. This vote looks to me to be more about the Euro than constitutional change."

The leader of France's far-right Front National, Marine Le Pen, tweeted "bravo" to her Eurosceptic "friend" Matteo Salvini, a politician who campaigned for the No vote. She described the referendum result as a "thirst for liberty". 

In his resignation speech, Renzi told reporters he took responsibility for the outcome and added "good luck to us all". 

Since gaining office in 2014, Renzi has been a reformist politician. He introduced same-sex civil unions, made employment laws more flexible and abolished small taxes, and was known by some as "Europe's last Blairite".

However, his proposed constitutional reforms divided opinion even among liberals, because of the way they removed certain checks and balances and handed increased power to the government.

 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.