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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A global marketplace: the internet represents exporting’s biggest opportunity

The advent of the internet age has made the whole world a single marketplace. Selling goods online through digital means offers British businesses huge opportunities for international growth. The UK was one of the earliest adopters of online retail platforms, and UK online sales revenues are growing at around 20 per cent each year, not just driving wider economic growth, but promoting the British brand to an enthusiastic audience.

Global e-commerce turnover grew at a similar rate in 2014-15 to over $2.2trln. The Asia-Pacific region, for example, is embracing e-marketplaces with 28 per cent growth in 2015 to over $1trln of sales. This demonstrates the massive opportunities for UK exporters to sell their goods more easily to the world’s largest consumer markets. My department, the Department for International Trade, is committed to being a leader in promoting these opportunities. We are supporting UK businesses in identifying these markets, and are providing access to services and support to exploit this dramatic growth in digital commerce.

With the UK leading innovation, it is one of the responsibilities of government to demonstrate just what can be done. My department is investing more in digital services to reach and support many more businesses, and last November we launched our new digital trade hub: www.great.gov.uk. Working with partners such as Lloyds Banking Group, the new site will make it easier for UK businesses to access overseas business opportunities and to take those first steps to exporting.

The ‘Selling Online Overseas Tool’ within the hub was launched in collaboration with 37 e-marketplaces including Amazon and Rakuten, who collectively represent over 2bn online consumers across the globe. The first government service of its kind, the tool allows UK exporters to apply to some of the world’s leading overseas e-marketplaces in order to sell their products to customers they otherwise would not have reached. Companies can also access thousands of pounds’ worth of discounts, including waived commission and special marketing packages, created exclusively for Department for International Trade clients and the e-exporting programme team plans to deliver additional online promotions with some of the world’s leading e-marketplaces across priority markets.

We are also working with over 50 private sector partners to promote our Exporting is GREAT campaign, and to support the development and launch of our digital trade platform. The government’s Exporting is GREAT campaign is targeting potential partners across the world as our export trade hub launches in key international markets to open direct export opportunities for UK businesses. Overseas buyers will now be able to access our new ‘Find a Supplier’ service on the website which will match them with exporters across the UK who have created profiles and will be able to meet their needs.

With Lloyds in particular we are pleased that our partnership last year helped over 6,000 UK businesses to start trading overseas, and are proud of our association with the International Trade Portal. Digital marketplaces have revolutionised retail in the UK, and are now connecting consumers across the world. UK businesses need to seize this opportunity to offer their products to potentially billions of buyers and we, along with partners like Lloyds, will do all we can to help them do just that.

Taken from the New Statesman roundtable supplement Going Digital, Going Global: How digital skills can help any business trade internationally

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