The paparazzi circus that swarmed Vancouver Island last winter while the Duke and Duchess of Sussex were in town may have gone too far.
Meghan Markle and her son Archie are suing a paparazzi photo agency, Splash News, accused of “papping” the duo while out for a dog walk on Vancouver Island.
According to a report in the Evening Standard, Markle – with Archie as a claimant – is suing for breach of privacy and misuse of her private information, attempting to stop the photos from being used in the future.
The pictures are said to have been captured in January, while the couple was briefly residing on Vancouver Island.
“They were papped in the location that we’ve already discussed,” attorney Jonathan Barnes told the High Court in London, England. “They plead that this was without their acquiescence or consent. They were on a private recreational outing on the morning of January 20, 2020.”
The case at the High Court in London is brought in under the names of Master Archie Harrison Mountbatten-Windsor and the Duchess of Sussex, using a ruling won by JK Rowling which protects the privacy of celebrities’ children.
Barnes cited an appeal court ruling won by Rowling back in 2008 in regards to photographs of her five-year-old son. It established the law protecting the children of celebrities from the publication of unauthorized photographs, unless their parents had exposed them to publicity.
Barnes argues that the pair had a “reasonable expectation of privacy” on their dog walk.
The Evening Standard is reporting that the Los Angeles-based photo agency captured the duo on a trail near the $17 million mansion they were staying in on the Island, which was located in North Saanich.
Barnes also suggests that the same photographer was mulling around the mansion one day prior to taking the photos.
“The day before, Mr Dennett was at the private home of the claimants, doing what might be colloquially known as casing their home, taking photos through the security fence,” said Mr. Barnes.
“He wasn’t at the park by accident,” a quote reads in the Evening Standard report.
The Times is reporting that the photographs were sold by Splash to Associated Newspapers, publisher of the Daily Mail, and News Group, publisher of The Sun.
Barnes adds that “the wrongdoing was done in Canada” by paparazzi with an American company, however, the “trading of the ill-gotten gains” occurred in the United Kingdom so the High Court was the right place for the claim.
Lawyers for the Duchess also reportedly sent a “cease and desist” letter to Splash, which was ignored.
The photo agency was not represented in High Court, according to The Times, but “intends to defend itself vigorously,” believing the photos were taken “in the public interest.”
Graham Cox
