Harry & Meghan: Legal Actions against the Media

[Osipi]

I think it'll boil down to the fact that it was the MoS that made Meghan's letter public. No one else did that but them. Doesn't matter where they got the letter or if it was the whole letter, part of the letter or obscene doodles. The MoS willfully published a letter that was a private correspondence. The fault lies with them alone.

At least that's my take on it.

[LadyGlendower]

To be clear, I think Mr. Markle exercised the right of publication or distribution without permission and those are exclusive rights of the Duchess as the author of the letter.

Is the middle man culpable or guilty under the law? Good question.

[O-H Anglophile]

"... but it's also worth noting that although the copyright belongs to the writer of the letter, the letter itself - the physical object - belongs to the recipient. So if I have an autographed letter from Margaret Thatcher, I can sell it, lend it for public exhibition, etc. But I can't publish the contents or allow anyone else to do so."

https://www.theguardian.com/notesand...,-2260,00.html

[Rudolph]

There must be more nuance to this than appears. If it’s as cut and dry as we make it out to be there’d be nothing for the MoS to defend itself against ‘vigorously’. It would be guilty. End of story.

For some reason the MoS thinks it has a case.

[LadyGlendower]

Originally Posted by O-H Anglophile

... but it's also worth noting that although the copyright belongs to the writer of the letter, the letter itself - the physical object - belongs to the recipient. So if I have an autographed letter from Margaret Thatcher, I can sell it, lend it for public exhibition, etc. But I can't publish the contents or allow anyone else to do so.

https://www.theguardian.com/notesand...,-2260,00.html

So if Mr. Markle allowed the letter he received to be published.....well, I guess we will find out what that would or could mean for him.

"Nuanced" is exactly what this is.

[O-H Anglophile]

Originally Posted by LadyGlendower

So if Mr. Markle allowed the letter he received to be published.....well, I guess we will find out what that would or could mean for him.

"Nuanced" is exactly what this is.

Well, he could show it to whomever he wanted, including reporters. That doesn't seem to be illegal, just dishonorable under the circumstances. I guess it depends on what deal he had with the MoS and if they misled him...

[Osipi]

In the Guardian link, it also states "The friend would have a defence, however, if he or she could prove that you had given 'licence' (permission). Such permission may be explicit or implied. "

One thing is well known is that there is no way on earth Meghan would have or could have given her father "permission" or "license" to do anything with the letter she wrote to him other than read it. The MoS most definitely didn't get Meghan's permission. Having Meghan's friends *mention* the letter is not Meghan giving permission for it to be shared or publicized. Meghan's friends just stated that they knew a letter existed.

This is really going to be very interesting to follow.

[Dman]

Originally Posted by duchessrachel

Back in 2016 when Prince Harry issued a statement regarding the mistreatment of Meghan, Prince William issued a statement of support. Has William given any public support for Harry's recent statement on the press he made at the end of his and Meghan's tour?

I answered your question in the appropriate thread.
http://www.theroyalforums.com/forums...-15549-73.html

[Zaira]

Originally Posted by Rudolph

There must be more nuance to this than appears. If it’s as cut and dry as we make it out to be there’d be nothing for the MoS to defend itself against ‘vigorously’. It would be guilty. End of story.

For some reason the MoS thinks it has a case.

Not necessarily. My feeling is that they are not really going to fight them on the copyright grounds, which seem fairly open and close, but on the "misrepresentation" grounds. There are multiple claims in this lawsuit.

It wouldn't shock me that settlement negotiations broke down over just 1 of the 2 or 3 claims. If the paper was willing to concede and pay out for the CR violation but NOT for the misrepresentation claims with a likely demand for retraction. Given that (and I have not read it but seen excerpts) the MoS had Tom Sr repeatedly say he had only given them portions of the letter, I think their defense will center on the fact that they didn't lie or misrepresent the letter to defame Meghan, as claimed, but that Tom never gave them the full letter in the first place.

Of course, any real journalist and paper worth their salt would demand access to the full letter for veracity purposes, but nonetheless they are not legally bound to I suppose. A good lawyer could argue either point well. A lot would hinge on how much a judge feels the MoS "knew or should have known" about what was in the full letter, what was taken out, and how things were used either by the Mail or Thomas to deceive the public and defame Meghan.

On the copy rights grounds, I imagine they will try to argue public interest. Dubious grounds that have not been fruitful in the past.

[Rudolph]

“Nobody in the Royal Family or the Royal Household is supporting Harry and Meghan at the moment. Even the couple’s aides seem embarrassed by their actions. William, who dropped his brother like a ton of hot bricks earlier this year, and Charles have distanced themselves.”

Via Richard Palmer Twitter

Wow! Quite the statement from a long time royal reporter. I just hope Harry and Meghan know what they’re doing.

[katiebird]

Originally Posted by Rudolph

“Nobody in the Royal Family or the Royal Household is supporting Harry and Meghan at the moment. Even the couple’s aides seem embarrassed by their actions. William, who dropped his brother like a ton of hot bricks earlier this year, and Charles have distanced themselves.”

Via Richard Palmer Twitter

Wow! Quite the statement from a long time royal reporter. I just hope Harry and Meghan know what they’re doing.

And Mr. Palmer is citing what sources for this statement?

[Zaira]

And if the BRF is not supporting them, but apparently totally ok with Andrew, well that says all you need to know about William, Charles and the BRF, now doesn't it.

[Duc_et_Pair]

Originally Posted by Rudolph

“Nobody in the Royal Family or the Royal Household is supporting Harry and Meghan at the moment. Even the couple’s aides seem embarrassed by their actions. William, who dropped his brother like a ton of hot bricks earlier this year, and Charles have distanced themselves.”

Via Richard Palmer Twitter

Wow! Quite the statement from a long time royal reporter. I just hope Harry and Meghan know what they’re doing.

The Duke and Duchess of Cambridge, the Prince of Wales, the late Princess of Wales, the Queen herself (twice even) have started legal actions against publications. What the Duke and Duchess of Sussex do is nothing new or groundbreaking and fits with the earlier actions. I fail to see why the royal family would feel "embarrassed" or "distance themselves" when two British citizens just make an appeal on justice to be done, as anyone is free to do in any country with a proper rule of law and order.

[Gawin]

Originally Posted by katiebird

And Mr. Palmer is citing what sources for this statement?

He doesn't cite any sources.

I suggest you take Richard Palmer with a truckload of salt.

[katiebird]

Originally Posted by Gawin

He doesn't cite any sources.

I suggest you take Richard Palmer with a truckload of salt.

I am aware - my sarcasm towards the previous post didn't come through well in type, sorry.

[Rudolph]

Originally Posted by Gawin

I suggest you take Richard Palmer with a truckload of salt.

I just want to say I certainly don’t agree with everything Mr Palmer has to say but he’s been reporting on the royals for years and before that with outlets like AFP.

Love them or hate them the British tabloids are the biggest supporters of the monarchy. Just last week the Daily Mail had a glowing 12 page supplement on The Duchess of Cambridge.

[O-H Anglophile]

Originally Posted by Rudolph

I just want to say I certainly don’t agree with everything Mr Palmer has to say but he’s been reporting on the royals for years and before that with outlets like AFP.

Love them or hate them the British tabloids are the biggest supporters of the monarchy. Just last week the Daily Mail had a glowing 12 page supplement on The Duchess of Cambridge.

The tabloids blow hot and cold on the Royals. For every positive story there is at least one equally negative one. The tabloids are not cheerleaders for the Royals.

Seven/eight years ago the DM was hateful towards Catherine and her family.

[O-H Anglophile]

Originally Posted by Rudolph

“Nobody in the Royal Family or the Royal Household is supporting Harry and Meghan at the moment. Even the couple’s aides seem embarrassed by their actions. William, who dropped his brother like a ton of hot bricks earlier this year, and Charles have distanced themselves.”

Via Richard Palmer Twitter

Wow! Quite the statement from a long time royal reporter. I just hope Harry and Meghan know what they’re doing.

Have other members of the Royal Family always issued statements of support when their relatives have filed lawsuits against the media?

I think not.

[Gawin]

Originally Posted by Rudolph

I just want to say I certainly don’t agree with everything Mr Palmer has to say but he’s been reporting on the royals for years and before that with outlets like AFP.

Love them or hate them the British tabloids are the biggest supporters of the monarchy. Just last week the Daily Mail had a glowing 12 page supplement on The Duchess of Cambridge.

Yes, and I suspect they planned that glowing article VERY carefully.

Now that Meghan's suing the Mail on Sunday I'm sure they'll publish MANY more glowing articles as they paint a picture of "good" Catherine and "bad" Meghan.

I'm not criticizing Catherine BTW - I think she does a great job and is just what the BRF needed after all the drama of the 1990s. But the tabloids are very manipulative.

[Rudolph]

Originally Posted by O-H Anglophile

The tabloids blow hot and cold on the Royals. For every positive story there is at least one equally negative one. The tabloids are not cheerleaders for the Royals.

Seven/eight years ago the DM was hateful towards Catherine and her family.

Absolutely but on average the positive far outweighs the negative.

It’s The Sun, Daily Mail and Express that carries front pages devoted to royal babies and weddings.

The Guardian and Independent which seem to be supporting the Sussexes would be the first to vote for a republic.