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Student loses battle over the publication of his photograph as part of a police investigation into rioting

The high court in Belfast
The high court in Belfast The high court in Belfast

A STUDENT has lost a High Court battle over the publication of his photograph as part of a police investigation into teenage rioting in Derry.

His lawyers argued that featuring his image in newspapers and on television when he was aged 15 amounted to a "naming and shaming" breach of his right to privacy.

But a judge dismissed his challenge yesterday after ruling that delays in bringing the case were inordinate and unjustified.

The man, now aged 22 and referred to as JR46, issued proceedings against the PSNI for providing his photo to media outlets in 2010.

Police had introduced a policy, Operation Exposure, aimed at identifying young people wanted in connection with notorious bouts of sectarian disorder.

Around 75 youths were suspected of involvement in at least 46 incidents of street violence between April and July 2010.

JR46's photo was among a set of images published by two newspapers in the city, as well as appearing on local news broadcasts.

Separate legal proceedings commenced by another teenager, JR38, over the same policy were ultimately rejected by the UK's Supreme Court in 2015.

But it was contended that JR46's case was different because he was a wholly innocent bystander.

Now studying for a university degree, he recalled feeling shame and suspicion, as well as being taunted at school and withdrawing from voluntary activities following the publication.

His image was removed from a leaflet containing suspects' photos after he confirmed one of them was him.

The court also heard that the PSNI apologised to JR46's family for mistakenly publishing his image in the press.

But the judge described accounts given at police interviews about any alleged involvement in incidents in June 2010 as "confused, convoluted and conflicting".

He held that there had been "outright inertia" in bringing proceedings.

Further rejecting the grounds of challenge, he left it up to JR46 to consider any separate lawsuit.