In 2018 the most famous wedding knot was tied between the famous suit character Rachel (Megan Markle- real name) and Prince Harry, Duke of Sussex. At that point of time the Duchess of Sussex had written a private letter to her father Thomas Markle and the content of the letter was reproduced by the British tabloid ‘The Mail’ publicly in the newspaper under the headline “The Truth About Meghan- Her best friends break their silence”
The Privacy lawsuit was filed by the Duchess in 2019 against Associated Newspaper Limited (ANL) before the High Court of Justice Chancery Division Business and Property Courts Intellectual Property List (Case No.IL-2019-000110). The judgement dated 11th February 2021 was pronounced by the Hon’ble Mr. Justice Warby.
Allegations-
- Copyright Infringement
- Violation of Privacy by the newspaper, and data protection rights (Privacy is the letter has been compromised)
Laws mentioned-
- Article 8 of the Human Rights Act 1998 (state to respect person’s private and family life)
- Article 10 of the Human Rights Act (guarantee of the right to receive and transmit information and ideas without state’s interference)
- Copyright, Designs and Patents Act, 1988
Trial Court Observations-
1) The Court declared that the Claimant i.e. Meghan Markel is entitled to have a summary judgment on the issue of subsistence and infringement.
2) The letter falls within the scope of article 8 and to some extent at least, the document and its subject matter both are private in nature and relates to the private life of the Claimant.
Appeal-
Subsequently, the verdict was brought to the appeal vide Appeal Nos.A3/2021//0609 and A3/2021/0943; and under judgement dated 02.11.2021 the Associated Newspaper Limited’s Appeal was dismissed by the appellate court.
Read the Judgements here-
- https://www.judiciary.uk/wp-content/uploads/2021/12/Sussex-v-Associated-News-judgment-021221.pdf
- https://www.judiciary.uk/wp-content/uploads/2021/02/Duchess-of-Sussex-v-Associated-2021-EWCH-273-Ch.pdf
Picture Credit- https://news.sky.com/