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Rowling revives privacy case over photo of son

Author J.K. Rowling poses at The South Bank Show Awards at Dorchester Hotel in London January 29, 2008. Rowling has revived her bid to ban the further publication of a long-lens photograph of her young son after the initial privacy claim was thrown out by a London court last year. REUTERS/Anthony Harvey

LONDON (Reuters) - Author J.K. Rowling has revived her bid to ban the further publication of a long-lens photograph of her young son after the initial privacy claim was thrown out by a London court last year.

Lawyers for the creator of the bestselling Harry Potter books, suing under her real name Joanne Murray, have gone to the Court of Appeal over the image of Rowling, her husband and their son David which was published in a Sunday Express magazine.

At the time, David was under two years old. He is now four.

Rowling, 42, and her husband, Neil Murray, sued Express Newspapers and photo agency Big Pictures in David’s name, seeking to block further publication.

The Express settled the claim, and last August High Court judge Nicholas Patten threw out the case against the agency.

He said David was “not himself upset” by the taking of the photograph and that as a result the claim being brought in his name was “somewhat artificial”.

Patten said he sympathised with anyone wishing to shield their children from intrusive media attention, but added the law did not allow them “to carve out a press-free zone for their children in respect of absolutely everything they choose to do.”

Reviving the claim in the Court of Appeal on Monday, Rowling’s lawyer Richard Spearman said: “The claim is not about the right of the adult. It is about the rights of the child.”

The hearing continues.

Writing by Mike Collett-White; Editing by Steve Addison

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