Why the move to Canada will not save Megan and Harry from the paparazzi: the opinion of the royal biographer
'27.01.2020'
Source: Air force
Prince Harry and Megan left for Britain from Canada in search of a quiet life away from annoying photographers and the ubiquitous press. Almost immediately upon arrival, the Duke and Duchess of Sussex threatened the local paparazzi with a court. Can the Sussex couple count on the protection of Canadian laws, and is Harry and Megan destined to live a normal life away from the British court? Reasoning Air force.
Ingrid Seward, royal biographer and editor-in-chief of Majesty magazine, says it's not all that simple. “Undoubtedly the quietest place for Harry and Meghan is Britain. They were never harassed by the paparazzi, and if there was anything, the photographs were never printed. These rules do not work in Canada. Paparazzi can come from all over the world and watch them, ”says the expert.
Arriving on Vancouver Island, in British Columbia, a young family found paparazzi scurrying everywhere, waiting for them in the park for a walk or near the house.
Photographers, according to the couple’s lawyers, tried using telephoto lenses to capture what was happening inside the house.
Royal biographer Ingrid Seward is surprised that the couple was not ready for this, and PR expert Rebecca May says that if in Britain there is an unspoken agreement between the court and the British media, which implies the rejection of paparazzi pictures, then in their new life “Harry and Megan will have to act without this agreement. ”
The Sussex couple's relationship with the press has never been smooth. The couple complained about the pressure and scrutiny of the British tabloids, and Harry spoke of some "powerful forces" that led to the death of his mother, Princess Diana, and which now threaten his wife Megan.
In the UK, the Duke and Duchess have been sued several times for violating their privacy rights. But Canadian law and jurisprudence in this area are different from the British.
Can Canadian and Canadian Laws Protect Harry and Megan?
Canada has a privacy law. And in the province of British Columbia, where Prince Harry and Megan have temporarily settled, their own similar Privacy Act is in effect.
Obviously, the lawyers acting on behalf of Harry and Megan also rely on this law, suggests lawyer David Fraser from the Canadian law firm McInnes Cooper.
But this British Columbia law considers a privacy violation a civil rather than a criminal offense, and even if it comes to trial and the paparazzi are found guilty, they only face a relatively small fine, David Fraser said. Although, he continues, this could be followed by an injunction by photographers to keep tabs on Harry and Megan and attempt to photograph them without permission.
British Columbia law, however, also criminalizes cases of continued harassment or entry into the residence of a victim without permission. Attempts to photograph the interior of the house and people in it through a window using a telephoto lens.
On the subject: Tens of thousands of signatures: why Canadians massively opposed Megan and Harry
The problem is that Canadian law is case-law, and so far, Canadian courts have not tried such cases in cases with famous people and stars. Most cases dealt with voyeurism when, for example, apartment or hotel owners hid hidden cameras in their bedrooms, says David Fraser.
Some Canadian courts have considered intrusion on seclusion as a violation of the law, but it is not clear whether other judges will follow suit.
Canadian lawyer Dan Burnett, who specializes in media-related matters, says the law says that taking photos of someone without their permission in a public place is prohibited if these people had a reasonable expectation of privacy.
“If we are talking about children, or if the photographer was hiding, then this will be taken into account by the court in favor of Megan,” he says.
On the other hand, in certain circumstances, the right to privacy may be limited.
Canadian laws provide exceptions to the general rule for protecting privacy if defendants make a defense based on the principle of public interest, said Canadian lawyer Ryan Berger, a specialist in the protection of the right to privacy.
“There is no doubt that the public is interested in Harry and Meghan, even if they no longer hold royal titles, but that does not mean that it is in the public interest to publish the photos,” he says.
A court considering such a case may also take into account the principle of freedom of the press.
“The publication of something will not be considered a violation of the right to privacy if it is done in the public interest or constitutes a good faith comment, that is, an expression of an opinion based on facts known to the commentator and without malicious intent to distort them,” the Vancouver lawyer quotes Roger McConchie Huffington Post.
What if the photographers are hiding in the bushes? Can we hope to win in court on this basis? A lawyer from Vancouver doubts: "If they are walking in the woods or in the park, it doesn't matter if they were photographed openly or from the bushes."
Not like in the UK
In Britain, the situation with the protection of the right to privacy began to gradually change in 1998 with the adoption of the Human Rights Act in 1998, which separately stated the principle of respect for personal and family life. An Independent Commission has been created, which considers complaints about the behavior of journalists and publications, and has the right to severely fine them. Megan was never photographed in Britain without her permission.
In addition, there is an informal agreement between the royal family and the tabloids in Britain - not to photograph underage members of the royal family (except for official events), not to hide in the bushes in the hope of a good photo, and generally to behave appropriately.
Sometimes this arrangement is violated, but not as often as it was in the recent past.
Tabloid culture
Canadians enjoy reading British and American tabloids, fanning all kinds of real, and sometimes fictitious scandals. But there is no culture of tabloid journalism in the country, and now both law enforcement officers and lawyers, and possibly judges soon, simply do not know what to do now and how to interpret existing legislation.
In addition, Canadians are calm, if not reserved, and do not like to interfere in the affairs of their neighbors. In all interviews with ordinary citizens in the Canadian media, approximately the same words sound - let them live quietly for themselves, and we will not touch them.
On the subject: Canada, money and Archie: 8 uncomfortable questions about the new life of Harry and Megan
The CHEK news agency based on Vancouver Island refused to distribute paparazzi photos of Megan and Archie (on Monday, Megan was photographed while walking in the park with her eight-month-old son Archie in a sling and two dogs, photographs in particular crosses some British tabloids).
According to editor Scott Fi, the CHEK agency decided not to use the photographs because their readers want the duke and duchess to be left alone.
Canadians are much more concerned about another question - who will pay for the protection of the couple while she lives in Canada.
The question is money?
Do not forget that the paparazzi work for themselves and only then sell the pictures they take.
The interest in Megan and Harry is so great around the world that for a photo of only one of them you can get about 200 thousand dollars. For a photograph of all three members of the family, on which Archie would look at the camera, one can demand a million.
Given these amounts, the paparazzi are unlikely to worry about possible legal consequences or other measures.
Litigation
The duke and duchess have several times brought the press to trial. In September, Harry sued the London and Daily Mirror newspapers in London for using hackers and breaking his phone, he said. He and Megan then sued the Associated Newspapers, the publisher of the Daily Mail and Mail on Sunday, for copyright infringement.
In his statement, Harry then wrote: “What I fear most is that history might repeat itself. I've seen what happens when a person is treated like a thing. I lost my mother, and now, before my eyes, my wife is becoming a victim of those very powerful forces. "
Nevertheless, both Harry and Megan also need the press, as they want to earn on their brand, as well as continue to work with charity organizations.
Specialist in PR and press Rebecca May believes that the couple’s advisers should discuss the strategy of communication between Harry and Megan with the media, so that at least the Canadian press is on their side.
“After all, if they want people to know which charities they are helping, then they need the press to report. You have to be open with the press, and journalists will treat you with respect if they understand exactly which rules you follow, ”she says.
No more highness
Two weeks ago, Prince Harry and Megan unexpectedly announced their desire to abandon the status of senior members of the royal family, which was a shock even for their immediate family.
Among other things, Harry and Megan announced that they will strive for financial independence.
A few days later, British Queen Elizabeth II supported the desire of the grandson and his wife to start a new life, and a little later Buckingham Palace announced that Prince Harry and Megan would no longer use royal titles and would no longer receive public funds.
This means that from spring 2020 they will no longer be called “Their Royal Highnesses”. However, they will remain the Duke and Duchess of Sussex, and Harry will retain the title of Prince, which he got at birth.
Harry and Megan also announced that they intend to return the 2,4 million pounds spent from the UK budget to repair their house in Windsor.
