British author J.K. Rowling revived her bid on Monday to ban the further publication of a long-lens photograph of her son after the initial privacy claim was thrown out by a London court last year. ( Reuters )
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.
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, who was less than two when the photograph was taken, was "not himself upset" by it and that as a result the claim being brought in his name was "somewhat artificial".
Patten said he sympathized 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, 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.