But there is also an ethical issue. A republican newspaper, publishes a totally private message, which is partial and may be out of context, because it knows that will generate criticism and polemic, at a time when public opinion is very sensitive to certain issues. These private messages have appeared casually is a judicial inquiry, and are leaked to the press by someone who obviously has an interest in doing harm, or use them as a defense. Is it ethical to publish private messages obtained unethically? And they know that the Royal House will not be able to defend because it is a judicial process under investigation.
To answer your question, no it is not ethical but when the climate is wrong, one cannot ask for ethics or fairness. It is sad but true. I am saying this living in a country where the phone of our chancellor was tapped by the Americans, with lots of information to be found on wikileaks, and where our president had finally to resign or a voice message that he left on the phone of the head of Bild Zeitung, supposed to be private, of course. Yet finally the content was out in the open and too embarrassing to tolerate for a Head of State. Felipe is lucky that he appears to be cautious when chatting.
It is true that there is an ongoing investigation without a trial, yet at the time of the text message it was clear that Javier would be a target of investigation and that his phone records would possibly be seized. In the conversation he even admits that he has to improve his conduct in the future. Still, there is no distance but encouragement. In January 2015, both couples went to the cinema together.
So I am wondering, why is there so much emphasis by casa real on the brutal break with Cristina (Inaki is a different story) at a time when there is no evidence but only an open investigation against her, openly breaking with her without a trial or verdict, even issuing a code of conduct etc etc staying away from non-exemplary behaviour as far as possible when at the same time supporting a friend who is in a legally similar situation who finds himself close to corruption and sexual harrassment.
Obviously the gloves are off in Spain, while a republican newspaper publishes unethical and illegally leaked information involving the Kings, pro-monarchy media didn't want to make use of the information. In the old days, without internet and social media, this information would never have seen the light of day.
And last but not least, with regard to 'friendly' or 'unfriendly' press, I think that it has been a strategy of casa real from the early beginnings to court the press, until the last decade there was no free media so to say, everybody knew stuff but didnt publish it, but this has changed. When I look back on the agenda of Felipe and Letizia, how many events they have had handing out some award to some journalist or some media outlet, it makes me wonder about independence of the press anyway.