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Court Rules Against JKR in Photo Privacy Case

J.K. Rowling
Posted by: Sue
August 08, 2007, 12:50 AM

J.K. Rowling lost a bid in court today when a judge in the UK ruled against the Harry Potter author who had tried to stop publication of a photograph involving her young child. The case involved a photograph taken of young David Murray, then 20 months old, as he was out with his parents for a walk in the streets of Edinburgh, Scotland. This photograph later appeared the Sunday Express, and according to the BBC Jo “complained that David’s right to privacy had been infringed and sought to prevent future publication,” by going to court over this matter.

In the ruling today, the judge denied the Murray’s attempt to stop this, and as the Guardian reports:

Justice Patten said: “I have considerable sympathy for the claimant’s parents and anyone else who wishes to shield their children from intrusive media attention.

“But the law does not in my judgment (as it stands) allow them to carve out a press-free zone for their children in respect of absolutely everything they choose to do.”

The judge granted the Murray’s permission to appeal and continued a temporary ban on publication of the picture in the meantime.

Jo and her husband, Dr. Neil Murray were disappointed in this outcome, and Jo said that she and her husband were:

“disappointed by the judgement, which seems to have misunderstood our claim”.

“Our aim has only been to protect our children from press intrusion during their childhood.

“We see no legitimate reason why, as in this case, David, who was less than two years of age at the time, should have his photograph taken and then published in the press.

“We take his, and that of his siblings, privacy and safety very seriously.”

JKR went on to say that they will appeal, and we will continue to update on that when the case proceeds. Thanks to everyone that emailed!

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83 Comments

Sammy

The papparazzi are sick disgusting people

Posted by Sammy on August 08, 2007, 12:53 AM report to moderator
Anthony

Yes they are. What do the vultures want with Jo’s kids, don’t they already ruin plenty of things?

Posted by Anthony on August 08, 2007, 01:09 AM report to moderator
Katie

Why can’t they just leave her kids alone? Seriously, what’s the point?

Posted by Katie on August 08, 2007, 01:21 AM report to moderator
amandafaye

I dont get it I understood the judge said pretty much that his hands were tied that the law says they are aloud to take the pictures ok my qestion is. Can he at least keep them from posting them or is that out of his hands to?

Posted by amandafaye on August 08, 2007, 01:23 AM report to moderator
desertwind

There was that press embargo on the princes until they came of age.

I’m sort of surprised they lost (or, at least, didn’t win) because the UK has much more stringent privacy rights than we do.

(of course, they’ve also - even with, or maybe even because of - their more stringent restrictions on the press. Much easier to get a libel conviction or a conviction for publishing government secrets. Who knows? Maybe that’s why they’ve got such a rabid paparazi & tabloid culture over there?)

Posted by desertwind on August 08, 2007, 01:24 AM report to moderator
desertwind

mmmm. how’d i get that accidental crossing-out thingie?

Posted by desertwind on August 08, 2007, 01:26 AM report to moderator
Anthony

Really, whoever took the photo deserves a good ol’ hex…only if…

Posted by Anthony on August 08, 2007, 01:28 AM report to moderator
Kumar

Sigh … well, good luck in the appeal, Jo!

Posted by Kumar on August 08, 2007, 01:30 AM report to moderator
Naria

Hmm. So was the picture taken and published without Rowling’s knowledge or consent (I assume David’s consent, as he was 20 months old, doesn’t count for much)? I’m not a lawyer, but that’s got to count for something. I personally think Rowling has every right to protect her children; they should not be dragged into the media or the press without their or Rowling’s consent.

Posted by Naria on August 08, 2007, 01:37 AM report to moderator
Naria

I just noticed that there’s a temporary ban on the publication of the picture. If they can keep delaying the appeal, then they’re keeping their son out of the press, just like they wanted.

Posted by Naria on August 08, 2007, 01:39 AM report to moderator
JMGS

NO ONE and I Mean NO ONE has the right to take the picture of anyone’s child without the permission of their parent. What right do these people have? I don’t know the laws in the UK, but in the US if a person takes a picture of your child and publishes without your permission it you can SUE them. AS a JKR FAN I will never read or buy Sunday Express magazine and I suggest anyone that’s a fan will do the same.

Posted by JMGS on August 08, 2007, 01:40 AM report to moderator
Anthony

I jump on the bandwagon…JKR’s Army.

Posted by Anthony on August 08, 2007, 01:41 AM report to moderator
amanda

Yes you can sue in the US but i do remmber reading were Reeese Witherspoon also went to court over them taking her childrens pictures and lost its like if you are in the medi all the time then your children dont have any rights and are just flashed everywhere think about it there are alot of people who are in the media all the time that i would think would keep there chidren out of everthing if they could.

Posted by amanda on August 08, 2007, 01:47 AM report to moderator
diluvia

How hard would it be to pass new legislation in the UK?

Posted by diluvia on August 08, 2007, 01:59 AM report to moderator
Johanna

That is just wrong!

Posted by Johanna on August 08, 2007, 02:09 AM report to moderator
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