Yeah, it is a fair point …This is what bemuses me... how can anyone believe an Instagram account with that many followers can in any way be 'private'...
… but I’m guessing (and it is only a guess) that if your posting is not private, then it is considered in the public domain, is open to fair use, quoting, etc, etc and is handled within a particular media legal framework (or code of ethics)
Contrast if the post is private, it’s just between you and your 6000 mates, then it is not considered in the public domain, is not open to fair use, quoting, etc, etc, and is handled within a different media legal framework (or code of ethics). Obviously if you’re doing something illegal, etc, etc, then that wouldn’t protect you, but would imagine that the media would generally lay off people posting stuff privately?
Maybe (dunno) FC broke some kind of code of ethics or unwritten rule by broadcasting a private post? Or maybe they just thought “stuff her, she’s got 6000 followers we’re not going to treat it as private?”
She clearly believed that setting her socials to private would offer her some level of protection, and it ended up that it didn’t.