Harry, Meghan warn media over photos
The Duke and Duchess of Sussex have issued a legal warning over paparazzi photographs of Meghan and Archie in Canada, complaining that they are being “stalked” following their split from Buckingham Palace.
Within hours of Prince Harry joining his wife and son on Vancouver Island for a more “peaceful” life Tuesday, the couple’s lawyers sent out a strongly worded letter claiming that images had been taken, without consent, by paparazzi who had been “hiding in the bushes and spying.”
The couple add that they are prepared to take legal action, and according to a Canadian privacy expert, could find “a sympathetic reception” in the B.C. courts.
“When you look at the circumstances, as the court, of them moving to Canada to escape scrutiny and take into context the story of Princess Diana being pursued by paparazzi, their desire for privacy is a legitimate one,” David Fraser, a Canadian privacy lawyer, told the National Post.
Under the British Columbia privacy act, they could very well sue for invasion of privacy.
“It depends upon the circumstances,” Fraser explained. “It also says that surveillance can be an invasion of privacy, so when you think of it in the context of paparazzi, especially aggressive paparazzi, it may well be that they have a case to make.”
The complaint came after The Sun, a British tabloid, published pictures showing a smiling Duchess walking her dogs while carrying her eight-month-old son in a sling, accompanied by two bodyguards. Although the former actress is captured cheerfully looking toward the lens, sources close to the couple vehemently denied she consented and insisted they were extremely alarmed about recent paparazzi activity.
A royal source told the London Daily Telegraph: “After weeks of being stalked, their house surrounded, erratic car chases and photos taken into the house from photographers patrolling on boats — this is the final straw.
“On Monday, a pap photographer, who had followed Meghan from the house took surreptitious photos while hiding in the bushes. These photos have been published online and by a number of U.K. newspapers, with no consideration of how they were obtained. This type of continual harassment and the ignoring of numerous legal notices asking them to stop, obviously raises serious safety and security concerns and is causing them considerable distress.”
However, he emphasized that “expectation to privacy isn’t binary.” For example, he explained, if a person can be observed by someone in a public space, the expectation may not be as arguable as, if that same someone had to climb a fence to observe them in their backyard.
The allegations of photographers using long lenses to shoot photos of the couple in their house, could be subject to voyeurism, if the photographers chose the wrong windows. “Bedroom, bathroom windows etc, it would cross that line,” said Fraser.
However, the lack of paparazzi culture in Canada means that the couple’s threat to sue, would be rare. “There have been others in the past,” said Fraser," but we don’t have a celebrity culture in Canada so the laws have never been tested that way.”
The incident will raise questions about the couple’s decision to quit the U.K. due to the “bullying” British tabloids when they were rarely pursued by paparazzi photographers due to a long-standing agreement between the palace and editors following the death of Diana, Princess of Wales.
The agreement between palace and British editors had never extended to Canadian media, simply due to the lack of need, according to Fraser. “We don’t need it and hopefully we won’t need it,” said Fraser.
Now no longer members of the Royal Family, the couple are being treated as “celebrities” in North America — which one paparazzo said was “like the wild west compared to Britain.”