Rowling fails to get picture banned

Updated 12.16 Wed Aug 08 2007

Harry Potter author JK Rowling has failed in a legal bid to ban publication of a photograph taken in the street of one of her children.

The picture, showing Rowling and her husband with son David in a buggy, was taken by a photographer using a long-range lens and appeared in the Sunday Express magazine to illustrate an article about her approach to motherhood and family life.

The picture, showing Rowling and her husband with son David in a buggy, was taken by a photographer using a long-range lens

The author - suing under her real name, Mrs Joanne Murray - and her husband, Dr Neil Murray, brought a High Court action in their son's name against Express Newspapers and the agency which supplied the photograph, Big Pictures (UK).

They complained that his right to privacy had been infringed and sought damages and an injunction banning further publication of the photograph or any other picture taken of him without his consent.

Express Newspapers settled the claim, and a judge in London "struck out" the remaining proceedings against the picture agency.

Mr 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."

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