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  #1281  
Old 10-29-2016, 10:39 AM
Serene Highness
 
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Quote:
Originally Posted by Skippyboo View Post
The Camilla pictures were in the last ten years. Sixty year old topless lady aren't a hot seller. Diana's was back in the 80s if I remember correctly some rich paper owner bought the photos to protect her and never published them.

The traditional way of wearing a kilt is with nothing under it .


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Camilla's were from September 2013 when she was on a yacht.

I believe Diana's were bought by HOLA! and she made an agreement with them not to publish.
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  #1282  
Old 01-03-2017, 12:37 PM
eya eya is offline
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Six on trial in France accused of profiting from topless Kate Middleton photos | Daily Mail Online
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  #1283  
Old 05-02-2017, 01:56 AM
eya eya is offline
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Six media representatives will go on trial Tuesday over the publication of long-lens photographs of Prince William's wife Kate sunbathing topless in France that caused a scandal in Britain.
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  #1284  
Old 05-02-2017, 01:07 PM
Muhler's Avatar
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Not sure where to post this: Medier bragte topløse billeder af hertuginde Kate: Nu kræver prins William kæmpe erstatning | BT Udland - www.bt.dk
(Here in Danish).

News are coming in about the court case against the French magazines printing topless photos of Kate.
The prosecutor calls for a compensation for 1.5 million €
and the two photographers taking the photos are facing court for violation of W&K's privacy.
Those responsible fro publishing the photos should get very hefty fines, says the prosecutor.

The ball is rolling and I hope the trial results in a defeat for the magazines and the photographers.
Don't t know the laws on privacy in France but I imagine they are stricter than in Britain.
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  #1285  
Old 05-02-2017, 01:19 PM
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These are indeed stricter but the media use a calculator to see if (hefty) fines can be striped away against better sales:

Analysis: Are French privacy laws really strict? - BBC News
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  #1286  
Old 05-02-2017, 01:40 PM
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Kate Middleton topless photos trial begins | Daily Mail Online

Now in English.


Yes, that's a big problem. Just like those who calculate in the low fines for polluting the nature or just dumping garbage.
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  #1287  
Old 05-02-2017, 03:31 PM
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This will be interesting...the outcome that is.


LaRae
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  #1288  
Old 05-02-2017, 03:52 PM
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How the Uk media are treating is interesting.

Emphasis on the request for "staggering damages". 6 defendants so just over £200,000 each. Not so "staggering" really.

And no emphasis on privacy rights or criminal (not civil) proceedings.

So element of self interested - Uk tabloids papers just cant be trusted with reporting the facts. So predictable.
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  #1289  
Old 05-02-2017, 06:29 PM
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I am confused. Isn't this criminal trial? Would not the government be the prosecuting party? Not the Cambridges. The Cambridges would be just the victims. So this money request is the government asking for it?
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  #1290  
Old 05-02-2017, 07:28 PM
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Quote:
Originally Posted by Skippyboo View Post
I am confused. Isn't this criminal trial? Would not the government be the prosecuting party? Not the Cambridges. The Cambridges would be just the victims. So this money request is the government asking for it?
None of the press reports I have seen make this clear.

Call Holmes and Watson!
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  #1291  
Old 05-02-2017, 08:30 PM
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How I read it is that the complainants, ie the Cambridges, are the ones asking for this money as they are the ones that have suffered the humiliation of the photos appearing in the magazine.

Incidentally I've no wish to be controversial here but aren't the RPOs supposed to be near the royals they're protecting at all times in case something untoward or threatening occurs? Wouldn't they, or other guards, have been patrolling at ground level near that balcony at some point? Are any domestic staff, gardeners etc, liable to walk by? What if they saw the nude Kate, even inadvertently?

I don't really think a balcony high up on a building is the wisest location if you want to do some nude sun baking, for the above reasons, even if photographers and their long range lenses are completely unacceptable.
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  #1292  
Old 05-02-2017, 09:41 PM
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Originally Posted by Curryong View Post
How I read it is that the complainants, ie the Cambridges, are the ones asking for this money as they are the ones that have suffered the humiliation of the photos appearing in the magazine.

Incidentally I've no wish to be controversial here but aren't the RPOs supposed to be near the royals they're protecting at all times in case something untoward or threatening occurs? Wouldn't they, or other guards, have been patrolling at ground level near that balcony at some point? Are any domestic staff, gardeners etc, liable to walk by? What if they saw the nude Kate, even inadvertently?

I don't really think a balcony high up on a building is the wisest location if you want to do some nude sun baking, for the above reasons, even if photographers and their long range lenses are completely unacceptable.
the photographers were a very long distance away - someone with a better memory than me will tell us - but definitely not something one would automatically consider.


The debate isn't whether or not an individual should sun bath topless or whatever - it is whether people are entitled to privacy in their lives.

And the answer has to be yes they do.

The two debates have been muddled through this entire process.
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  #1293  
Old 05-02-2017, 09:52 PM
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So if a member of staff like a gardener, or an RPO, should glimpse a nude sunbathing Kate on a balcony, that wouldn't really matter then, (not that we would ever be likely to know about it, anyway.) ?

I'm not a prude and have seen beaches on continental Europe where topless and nude sunbathing is very much accepted and people don't mind being photographed there. However, you have to choose your locales in my view and, holiday or not, a high balcony on a private villa with RPOs and staff around isn't a particularly appropriate location, even if the couple were relaxing.

Diana herself was often photographed with very long range camera lenses, so it's not as if this was a completely unknown phenomenon as far as William was concerned.
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  #1294  
Old 05-03-2017, 12:14 AM
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Quote:
Originally Posted by Skippyboo View Post
I am confused. Isn't this criminal trial? Would not the government be the prosecuting party? Not the Cambridges. The Cambridges would be just the victims. So this money request is the government asking for it?
According to the Danish press this is a criminal trial. Basically France vs. the magazines and photographers.
If found guilty they will be fined for breach of the privacy legislation and W&K will be awarded damages.

The magazines for publishing illegal material, the photographers for directly breaching W&K's privacy and for profit.

It is according to the prosecutor extra serious because of the trauma William in particular suffered due to the circumstances of his mother's death. - Which is something the magazines should have taken into consideration, even if claiming freedom of speech and public interest.
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  #1295  
Old 05-03-2017, 12:55 AM
hel hel is offline
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Quote:
Originally Posted by Curryong View Post
So if a member of staff like a gardener, or an RPO, should glimpse a nude sunbathing Kate on a balcony, that wouldn't really matter then, (not that we would ever be likely to know about it, anyway.) ?

I'm not a prude and have seen beaches on continental Europe where topless and nude sunbathing is very much accepted and people don't mind being photographed there. However, you have to choose your locales in my view and, holiday or not, a high balcony on a private villa with RPOs and staff around isn't a particularly appropriate location, even if the couple were relaxing.

Diana herself was often photographed with very long range camera lenses, so it's not as if this was a completely unknown phenomenon as far as William was concerned.
I'm not convinced that in the context of a private estate, sunbathing is any different from Catherine and Will having "mommy and daddy time" at Anmer or even KP. The perimeter needs to be protected; the couple doesn't have to be in view all the time, surely, or I doubt we'd have George and Charlotte.

There are two theories of where the photographer was -- one about half a kilometer away on the D22 (though there is only one very short stretch of the D22 from which you can see the chateau according to google maps, and it's a very exposed stretch of road), which is slightly below the chateau in elevation. The other is a kilometer away on the D33, which is a better vantage point in some ways -- it's at a higher elevation and has a fair amount of tree cover.

To put the distances into real world terms, imagine W&C were standing on the Buckingham palace balcony. If the photographer were on the D22, that would be as if s/he were standing in the middle of the Mall at roughly where Marlborough house is. If the photographer were on the D33, it would be as if s/he were on top of the Admiralty Arch.
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  #1296  
Old 05-03-2017, 01:30 AM
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Quote:
Originally Posted by Muhler View Post
According to the Danish press this is a criminal trial. Basically France vs. the magazines and photographers.
If found guilty they will be fined for breach of the privacy legislation and W&K will be awarded damages.

The magazines for publishing illegal material, the photographers for directly breaching W&K's privacy and for profit.

It is according to the prosecutor extra serious because of the trauma William in particular suffered due to the circumstances of his mother's death. - Which is something the magazines should have taken into consideration, even if claiming freedom of speech and public interest.
Different here I guess. Here that would be two different courts.

Criminal trial would not award any money to the victims. They would inflict fines but normally that money would go to state. If the victims wanted to be compensated, they would have to sue civilly.
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  #1297  
Old 05-03-2017, 02:54 AM
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Prince William is accused of 'hypocrisy' and cashing in on celebrity status by lawyer after demanding £1.3MILLION over topless Kate photos which he branded 'all the more painful' because of memories of his mother Diana

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  #1298  
Old 05-03-2017, 03:03 AM
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This is just so stupid that I don't bother reading it.
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  #1299  
Old 05-03-2017, 03:28 AM
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From Reuters Practical Law:

"It is important to note that the right to privacy in France, however strict, is not absolute, in particular when it conflicts with freedom of expression and freedom of the press. Substantive case law (strongly influenced by the European Court of Human Rights) has laid down a series of criteria aimed at finding a balance between these rights. Typically, French courts will assess the:

  • Contribution to the public interest debate.
  • Notoriety of the public figure.
  • Previous behaviour of the public figure concerned.
  • Way the information has been obtained and its truth.
  • Content, form and consequences of the publication of the information in litigation.

Therefore, conflicting rights are usually resolved through the conditions of necessity (general interest, journalistic goals and current events) and the proportionality of the infringement (scale of the infringement of each right)"

This means that the French justice will see:
- was it a contribution to the public debate to expose a privately sunbathing Catherine?
- is Catherine famous for being on the edge and so obtaining celeb status? (Notority of the public figure)
- is there a precedent of the same against which Catherine did not protest (Previous behaviour)
- how were these pictures obtained and how did de media handle it?
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  #1300  
Old 05-03-2017, 08:09 PM
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It's basically a question of: Is the publication of Kate's naked breasts so important and newsworthy for the society as a whole that it outweighs the right to privacy? Especially when taken with a 6.000 mm lens.

The magazines and photographers have a pretty poor case IMO!

It would be a completely different matter if W&K were photographed rolling puppies in tar and feathers. Then they would have a good case for arguing that exposing such a behavior is in the interest of the public.
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