The Duchess of Cambridge and Her Right to Privacy

In keeping with the recent spate of seeing literally more of the Royal Family than we ever have, Her Royal Highness Catherine, Duchess of Cambridge (more regularly referred to as ‘Kate Middleton’) has now been caught sunbathing topless by the telescopic lens of a journalist. Not only was this an unwise course of action by the journalist, but for these photos to have actually been published in the national (albeit French) media is outrageous.

We have to put things into perspective here.

Yes there can be no doubt that the Duchess of Cambridge’s right to privacy was breached. Journalists simply cannot peer onto the private balcony of anybody. However, Her Royal Highness should not be treated any differently from a member of the public who has been targeted in a similar fashion. Any person is entitled to, and should expect the same level of privacy as that of a member of the Royal Family. Joe Bloggs, sunbathing in his back garden in nothing more than his birthday suit, should be afforded the same protection as that of Her Royal Highness and the same respect for his privacy. Obviously, the public are more interested in the life of the Duchess of Cambridge rather than the life of Joe Blogs but the principle remains the same: an individual’s human right to privacy is absolute.

It has been mooted in the press that there is a difference between the press printing photos of His Royal Highness Prince Harry, in what has been described as ‘laddish behaviour’ and the private photos of the Duchess of Cambridge on a private holiday. WRONG. There is no difference, they are both breaches of their privacy and both are a substantive breach of their human rights.

My advice to Clarence House would be to take decisive substantive action against Closer’s Italian publisher Mondadori. I understand that their lawyers in France have already put these wheels in motion.

Although the memories of the photos cannot be deleted from the minds of the public, a grovelling apology from the publisher might go some way to putting right the wrongs suffered by the Royal Family, as a result of this matter.

John Spyrou

Head of Internet and Media Law

Pinder Reaux & Associates – Specialists in Internet Law, Media and Privacy Law.

Business Services News


Read Next

Testimonials


What people say

"We shall, no doubt, be engaging you again soon"

"The matter was concluded very successfully and I’d like to thank John and Wilson again for their helpful and highly professional work earlier this year."

Alex Bailey, Trichromic LLP'

"Great Source of Support"

"You have essentially achieved what we had set out to do. Thank you for all of your assistance in this matter. Throughout this ordeal, you have been a great source of support."

Mary Anne Poutanen, Canada

"I could not have chosen a better firm to represent me."

"You provided the key essentials (and more) for client satisfaction. I am extremely pleased with the services provided by your company and the legal team provided for me. To also turnaround my situation making it a positive outcome, I could not have chosen a better firm to represent me."

Marvyn Smith, London

"I would recomend this service to anyone who has a legal matter"

"I'm so glad I had this advice before my CMD. I was very much prepared and think my company (whom I'm taking to a tribunal) were shocked at my knowledge. I would recommend this service to anyone who has a legal matter."

Jacqueline Stevenson, Bristol

"Can’t wait for another session!"

"John Spyrou kindly offered to provide our publishing firm with an update on libel and defamation law. Those who attended - a mix of veteran editors and those new to the world of journalism - all said how practical and useful they found the training – and now can’t wait for another session!"

Paul Snell, Redactive Media Group

"Highly recommended"

"Alana & Pinder Reaux’s level of service has been exceptionally high. Always keen to help out with the work in an efficient manner. Highly recommended."

Trading Point of Financial Instruments UK Ltd

"Fast and Reliable"

"Fast and reliable notary service for notarisation/legalisation of College reports for foreign office and embassies."

Student Services Department, CATS College London

"One step ahead of the opposition"

"'John Spyrou has the ability to pre-empty arguments and see issues before they arise, thereby allowing him to be one step ahead of the opposition’"

Christopher Bovey, Angelbird Technologies GmbH