What Meghan Markle’s court win means for Royal Family - and the media

High Court judge rules that newspaper invaded Duchess of Sussex’s privacy by publishing personal letter to her estranged father

Meghan and Harry Ch
(Image credit: Michele Spatari /AFP via Getty Images)

The Duchess of Sussex has welcomed her “comprehensive win” in a High Court privacy case against The Mail on Sunday that pundits say has major implications for the Royal Family.

In a statement following the ruling yesterday, Meghan Markle said that the paper’s publisher Associated Newspapers had to be held accountable for its “illegal and dehumanising practices” in publishing extracts of a letter that she had written to her estranged father, Thomas Markle.

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And “in ruling that being a Royal does not make 'one' public property, Mr Justice Warby has undoubtedly chalked up a significant gain not only for the Duke and Duchess of Sussex but also for the Royal Family as a whole”.

The Duchess’ court victory comes weeks after her former Army officer husband accepted an apology and “substantial damages” over articles in The Mail on Sunday and MailOnline that alleged Prince Harry had “turned his back” on the Royal Marines.

The legal wins highlight “the significant freedoms the couple now enjoy outside the Royal Family”, says ITV News, and serve “as a warning shot to media outlets” that “as private individuals” they “will not hesitate to litigate when they feel wronged”.

But “many might be alarmed by the precedent this sets for press freedom, as Thomas Markle effectively ‘leaked’ his daughter’s letter to the newspaper”, the broadcaster adds.

Legal commentator Joshua Rozenberg warns that gone are the days of ‘publish and be damned’.

This week’s ruling “reinforces” privacy laws without changing them, Rozenberg writes in an article for The Telegraph. “There will still be cases where a newspaper’s freedom of expression outweighs a letter-writer’s right to privacy – especially if the writer is a public figure.”

But, he adds, “this was not one of them”.

 
Chas Newkey-Burden has been part of The Week Digital team for more than a decade and a journalist for 25 years, starting out on the irreverent football weekly 90 Minutes, before moving to lifestyle magazines Loaded and Attitude. He was a columnist for The Big Issue and landed a world exclusive with David Beckham that became the weekly magazine’s bestselling issue. He now writes regularly for The Guardian, The Telegraph, The Independent, Metro, FourFourTwo and the i new site. He is also the author of a number of non-fiction books.