Meghan’s legal action will be privacy case of the century if it goes to trial, claims expert
THE Duchess of Sussex’s legal action will be the “privacy case of the century” if it goes to trial, a media law expert has said.
Meghan is suing the Mail on Sunday after allegations it unlawfully published a letter she wrote to her father.
The Duke of Sussex launched an unprecedented attack against the British tabloid press for a “ruthless campaign” against his wife as the legal action was announced.
In a highly personal and scathing statement on Tuesday, Harry said some newspapers had “vilified her almost daily for the past nine months” and claimed they had published “lie after lie” at Meghan’s expense simply because she was out of public view on maternity leave.
David Banks, a journalist and expert in media law, said yesterday a trial would go global, could cost Harry and Meghan millions, and could actually lead to more revelations about the duchess’ relationship with her estranged father Thomas Markle.
His assessment came as the royal couple were all smiles as they began the final day of their Africa tour yesterday, which has been overshadowed by Harry’s statement.
The couple visited a Johannesburg township to learn about an ambitious project, launched last year by South Africa’s President Cyril Ramaphosa, which aims to tackle the critical issue of youth unemployment.
During his speech made at the end of the visit Harry talked, with Meghan beside him, about how important Africa was to him when his father the Prince of Wales brought him to the continent following the death of his mother, Diana, Princess of Wales, in 1997.
Meghan gave an impromptu speech and described how the couple had “loved” their visit to South Africa.
The couple also met with Nelson Mandela’s widow Graca Machel.
The duke and duchess’s 10-day official tour of Africa with their baby son Archie has received widespread and favourable press coverage, but Harry said in his statement these positive publications expose the “double standards of this specific press pack”.
If the case is not settled beforehand the duchess, and the duke as well, could even appear in court to give evidence, just as singer Sir Cliff Richard did when he sued the BBC over its coverage of the police search of his home.
Mr Banks said: “Cliff Richard gave quite telling evidence about the effect this had on him and the intrusive nature of the coverage.
“It would be very powerful if Meghan does or Harry does as well. It is very unusual for royals to do. I can’t think of a case in living memory.”
He added: “If it comes to court, it could be the privacy case of the century.”
In February the Mail on Sunday published extracts of Meghan’s handwritten letter to Mr Markle.
In the run-up to the May 2018 wedding, Mr Markle was caught up in controversy after he allegedly staged paparazzi photographs of himself and then began commenting regularly to entertainment website TMZ about his contact with his daughter.
Law firm Schillings, representing the duchess, said on Tuesday that Meghan had filed a High Court claim against the paper and its parent company Associated Newspapers over the alleged misuse of private information, infringement of copyright and breach of the Data Protection Act 2018.
Meghan and Harry are likely to be braced for a “very uncomfortable” exploration of the duchess’s relationship with her father, Mr Banks added.
“It is one of the drawbacks of a privacy action for the claimant. The very thing that you want to remain private becomes the topic of a hugely publicised High Court legal action,” he said.
“There is the distinct possibility that other aspects of Meghan’s relationship with her father and why the Mail on Sunday felt that was in the public interest to explore in their journalism might be at the heart of this legal action which could make things very uncomfortable.”
The expert added: “But clearly, they’ve taken the action. That must be something they’re prepared for.”
The case is being privately funded by the Sussexes and any prospective proceeds from damages will be donated to an anti-bullying charity.
A Mail on Sunday spokesman said: “The Mail on Sunday stands by the story it published and will be defending this case vigorously. Specifically, we categorically deny that the duchess’s letter was edited in any way that changed its meaning.”