Harry & Meghan: Legal Actions against the Media


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I've been following this with interest. I completely agree that Harry should have a cause of action against anyone who hacks into phone messages. Those are absolutely private and hacking is illegal.

On the other hand - although I am very sympathetic to Meghan with respect to the publication of the letter (which I haven't read) - I don't think she should be able to prevail in this case. Obviously, I don't know British law, but it seems to me that the letter belongs to Mr. Markle, and he shared it with the press. Yes, they are her words but, if Meghan wins, it would make it difficult to share the contents of letters they received during the statutory copyright protection. Taken to the extreme, I wouldn't be able to share a letter from a Minister without his or her permission. That doesn't seem right to my American sensibilities - again, I don't know British law.

The fact that I don't think Meghan should be able to prevail in court does not alter my view that the media should not have published the letter--and her father should not have shown it to them. There should be journalistic standards and integrity. The public really doesn't have a 'right' to know about Meghan's relationship with her family. Some people are interested, but no public interest is served by these types of disclosures.

Per British law--Meghan owns the words in the letter and only she or her estate can grant the right to publish the full letter, or most of the full letter.
 
Could we have clarification from the mods re: Thomas Markle? Because there are a whole lot of posts about him since this post almost 12 hours ago--

Indeed, let's keep the Markle's out of this thread since they have little to do with the topic of the thread or the Court case as far as we know. Thank you.
 
If Harry has evidence which shows that the press hacked Diana's VMs, used that information in their reports and then AFTER death not only continued to hack her friends and families phones, but also covered their tracks by claiming she was in cahoots with them on all the "leaks" when she was alive then that is a fairly big story. I mean Diana no doubt leaked stories but if the press also got many, many stories from hacking her then covering it up...

It seems Harry's suit is part of a larger group of lawsuits being filed this fall on claims recently uncovered from a fairly large period of time on hacking and blagging.

It makes his reference to Diana in his statement even more salient. Basically, he is drawing a through line: despite the so-called reforms the media was forced to perform after Diana's death and post-Leveson, they largely have not done anything different and they are using the same underhanded tactics with Meghan that they did with Diana and 100s/1000s of other people. Hacking, blagging, making up sources or stories, etc. And not only that, many of those complicit or outright guilty are STILL in power (Piers Morgan, for example).

IDK what will happen. I am curious if there is a group litigation potential here which would be a very different ball-game and bolster Harry's claims even more. But Harry has every right to sue over the hacking and conspiracy claims and it sounds like the 'why now' question is a matter of more information being uncovered more recently as well as him wanting to finally correct some wrongs from the past. Some may call that petty, but what does it matter? Wrongs were done (allegedly), they should be addressed.

And as for the claims of "an attack on the free press," please. The tabloids are hardly the free press. By their own admission, their main goal is to entertain and to provoke, not to inform. What many refuse to see is that there is a difference between critique and abuse. Critiques are pointing out the hypocrisy of flying private when you care about climate change (it was still overblown). Abuse is posting constant and false stories about someone to gin up anger and incite violence which we've seen the tabs do with Meghan. They pull outlandish stories from the depths of tumblr and twitter (something i've only ever seen them do especially for POC targets), feed them to this crowd that deeply hates Meghan, that crowds responds with violent language or threats on comment sections, in social media or even attends her events with the goal of harm (this happened a few times during her pregnancy). Or they post just all-out racist articles or use her father.

The Ingrid Sewards of the world, who themselves have said terribly suspect things (Harry should have married an English Rose apparently), who like to pretend that Harry and Meghan are anomalies in all their actions (William and Kate have sued multiple times as have other royals. William and Kate sent a statement to the papers pleading for privacy at Amner when Charlotte was born, etc.) do so to otherize Meghan--another form of bias and abuse.

I am not sure if these lawsuits will help, but I hope they prevail. I have a friend whose family dealt with the cruel glare of the British tabloids. They ruin lives with no regard for truth. Something has to be done.
 
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I know that phone hacking etc is illegal but my point is that these court cases have clearly been launched due to his anger at Meghan being criticised. I think it's obvious that in the long term this will only cause the criticism to escalate but it's entirely up to Harry to what he wants to do.

Ironically the lawsuits without the letter makes the actions seem more legit, but put together with the letter it just looks a little like a tantrum.
 
Using Thomas isn’t fighting back since he can’t keep up with his own lies. Also he not saying anything new. It’s predictable he would come out the woodworks. I’m sure Meghan fully expected it. Also nothing they just printed changes anything. They still printed her copyrighted letter.

Also Thomas totally admitted in this article that he removed “painful” pieces because it hurt too much. So they were all edited. And he says he tried calling Meghan in front of the MoS reporter. I mean is he trying to build her case?

I saw that article in DM and couldn't believe it. I didn't think DM would interview Dad because of the case but I figure they would somehow discredit him. And they just did by having him admit he sent bits and pieces of the letter, basically letting DM off the hook with the charge of the paper doctoring the content. As for defending himself, Dad could have done that without releasing the bits of letter. I think Meghan has the original letter and will submit it in court.
 
I am afraid you are rewriting history. Mr Markle was all over TV, specifically GMB with Piers Morgan, saying he had no contact with her since the wedding, that the phone number he had was disconnected, and that she was ghosting him (incidentally Piers Morgan's talking point). That narrative was being repeated in UK media (print and TV) a lie even internationally even though it was lie. They 5 people who talked to People magazine were rebutting that false narrative and it is in this context that they alluded to the existence of that correspondance.

The point is that those 5 friends who she gave the ok to talk just made things worse. What happened to the BRF not wanting their friends talking to the press about them? All the friends talking did was enable Thomas and give him more reason to run and talk to the press
 
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I am very much a fan of the Sussexes but I feel that they unfortunately have opened a can of worms here !
 
I am very much a fan of the Sussexes but I feel that they unfortunately have opened a can of worms here !

They’re exposing the worms. The worms that’s been abusing them for too long.
 
There’s a much bigger picture that has been brushed under the carpet for too long. Because of Harry’s bravery more victims are already coming forward. In Harry’s heartfelt letter he said that this action ‘may not be the safe one, but it is the right one’. Thank goodness for leaders like Prince Harry for thinking of his family & others that will likely benefit when better press standards are implemented.
 
J*sus. Harry has totally gone off his rocker. Instead of punching outside, he would be wise to rather start digging inside.
I will not elaborate any further and refrain from this thread.


What he is doing will smoke out the inside..
 
I have maintained from the very beginning that the People interview from 5 of Meghan's friends, apparently done with her permission (otherwise how would those 5 friends have known the details of such an intimate letter?) was an absolutely terrible idea, and this is why. The public didn't need to know about Meghan's contact with her father, and the DM certainly didn't need to be tipped off to the existence of the letter. By portraying him in a negative light, Meghan's father had incentive to turn the letter over to the DM to, in his eyes possibly, set the record straight. It's one of several serious lapses in judgment from the Sussexes as has been discussed endlessly on these threads.

I'm not excusing the DM, and I personally hope Meghan prevails in the lawsuit, but there wouldn't have been a lawsuit at all if Meghan's friends had been discreet, and if she had not given them the go-ahead to share the details.


It seems you are absolutely right.
https://www.dailymail.co.uk/news/ar...te-secret-MONTHS-never-intended-share-it.html
I am posting this link because Thomas Markle's actions are part of the lawsuit and he explains why he gave the letter to the paper.
 
Once again, we have no verification that Meghan authorised anything. In fact, I think it is probably one of the new "royal rules" she knew she needed to follow.

To people of their situation the notion of keep calm and carry on must have been seen as something beyond reasonable and when the dirt really hit the fan they didn't think before they acted for their fiiend

I believe Meghan would have wanted to do what Harry advised and keep silent and Harry has found what happened to her far worse to bear than what happen to him.
 
IDK what will happen. I am curious if there is a group litigation potential here which would be a very different ball-game and bolster Harry's claims even more. But Harry has every right to sue over the hacking and conspiracy claims and it sounds like the 'why now' question is a matter of more information being uncovered more recently as well as him wanting to finally correct some wrongs from the past. Some may call that petty, but what does it matter? Wrongs were done (allegedly), they should be addressed.


There's another angle too. With Harry jumping in with his own lawsuit among the rest that have already filed, its brought this group action lawsuit to the front pages and top stories globally. How many of us consciously realized it was something ongoing before Harry's part was announced? Max the Milkman filing and Susie the Seamstress filing doesn't garner the publicity for this lawsuit as The Duke of Sussex does.

Yet another example of Harry doing what needs to be done. Its not his fight alone in the hacking lawsuit and like the man faced with moving a mountain all by himself with a shovel that turns around and finds the entire village coming towards him with shovels to help, Harry is adding his voice with a whole lot of other people. His voice just happens to have a wee bit of clout these days though and that's kind of like bringing in a bulldozer. :D

Now I have a conundrum that I hope someone can help my caffeine deprived and sluggish memory. Does anyone remember reading and seeing when Meghan's letter was first released in the British press that there were actual pictures in the article showing Meghan's letter in *her own handwriting*?

This makes me doubt that the press got an edited copy. They saw the original and photographed it. I seem to remember people making comments here on how beautiful her handwriting is. Or am I remembering things wrong? To me, regardless if the press got an edited version of the letter, they still infringed on Meghan's intellectual property by publishing it. Mr. Markle isn't going to save their slimy, ink stained, grubby fingers.
 
It seems you are absolutely right.
https://www.dailymail.co.uk/news/ar...te-secret-MONTHS-never-intended-share-it.html
I am posting this link because Thomas Markle's actions are part of the lawsuit and he explains why he gave the letter to the paper.



Yes, I think the “sisterhood’s” leaking details of the letter is plausible as and some of them have been publicly vocal over the past summer in support of Meghan against bad press coverage especially Jessica Mulroney. The current court action was predictable even back then when the letter was published as former Buckingham Palace press secretary Dickie Arbiter, said: ‘Assuming – and as these sources are anonymous we don’t know for sure – that this was done with her agreement, it has opened a Pandora’s Box, in my opinion.”
 
There is a huge difference between referring to an author's words and actually putting the entire work into the public domain.

Right now, I could go back in the archives and quote a statement that was actually in the letter Meghan wrote to her father (from the photographs I seem to remember but the jury is still out on that). Such as the heading was "Dearest Daddy". I can quote up to 20% of the contents in this letter right here on TRF *but* I also have to link to my "source" (usually in this case, the author of an article). The letter was printed in the first place without the permission of its author. My link would be valid as I have faith that I'm giving credit where its due to the one that wrote the article about Meghan's letter.

I've had something similar happen to me on the scale of a grain of sand on a huge beach compared to Meghan's letter. When Will and Kate first got engaged, I kind of made up a poem about it and posted it here. Perusing some royal FB sites, I was surprised to see my poem posted by someone else. My response was to PM the person here ans say "I'm glad you really liked my original poem but if you're going to post it elsewhere, also post the name of the person that wrote it".

Meghan's friends did nothing wrong with referring to the fact that Meghan wrote her father a letter or even mentioning the tone of the letter. They did not share Meghan's entire personal letter to her father in its entirety but alluded to points made in the letter. Most likely too that before even thinking about referring to their friend's letter, they asked permission from Meghan. The press did not ask permission and therefore infringed on Meghan's intellectual property by printing the entire letter without permission. That's the whole crux of the lawsuit.
 
Though they are not a party of the lawsuit (the issue is copyright/publishing/consent). Dragging them into it ie subpoenas depositions etc will be impossible. People Magazine is not about to expose its sources. I mean til today we don't know who was the Washington Post Deep Throat. Since if MoS want to go down this road, I am sure Harry and they lawyers would love to depose those infamous Palace Sources MoS and DM love to quote and refer to.
 
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I am not familiar with what the laws are in the UK regarding sources but here in the States, there is such a thing called "reporter's privilege".

Reporter's privilege in the United States (also journalist's privilege, newsman's privilege, or press privilege), is a "reporter's protection under constitutional or statutory law, from being compelled to testify about confidential information or sources."

As People Magazine is an American publication, this privilege would apply to them and they could refuse to name their sources. I've seen shows and heard of cases where a journalist would refuse to reveal sources and the judge sentenced them to jail for "contempt".

I don't think we're going to see this kind of action taken. Especially if this case reaches beyond UK borders into American publications or even an American himself. ;)
 
Do we even know for certain those were Meghan's friends who talked about the letter? I mean, I find it hard to believe she send copies of the letter to her friends. She may have talked about it to them, but they don't know exactly what's in it. The only people who do are the ones who read it. And my guess would be Harry and some of her staff.
 
There's another angle too. With Harry jumping in with his own lawsuit among the rest that have already filed, its brought this group action lawsuit to the front pages and top stories globally. How many of us consciously realized it was something ongoing before Harry's part was announced? Max the Milkman filing and Susie the Seamstress filing doesn't garner the publicity for this lawsuit as The Duke of Sussex does.

Yet another example of Harry doing what needs to be done. Its not his fight alone in the hacking lawsuit and like the man faced with moving a mountain all by himself with a shovel that turns around and finds the entire village coming towards him with shovels to help, Harry is adding his voice with a whole lot of other people. His voice just happens to have a wee bit of clout these days though and that's kind of like bringing in a bulldozer. :D


Are you referring to the phone hacking scandal? We don't know yet the details but if Harry will be referring to his phone being hacked in the wake of the investigations of 2005 or 2011, he should have filed a lawsuit back then. These investigations made world wide news, he should have added his voice then.
Not sure his phone has been hacked by a newspaper since.
It strikes me as odd that he brings this issue on the table now and somehow relates it to his anger about the treatment of his wife by filing both lawsuits around the same time.
 
The goodwill generated by the tour is now forgotten , at least in the UK [hopefully not in Africa], and Mr Markle is 'front page' again..

What a triumph for Mrs Clintons [newly imported] PR team...
 
Do we even know for certain those were Meghan's friends who talked about the letter? I mean, I find it hard to believe she send copies of the letter to her friends. She may have talked about it to them, but they don't know exactly what's in it. The only people who do are the ones who read it. And my guess would be Harry and some of her staff.
Quotes from the People Magazine cover story back in February (link):

Meghan Markle‘s close friends are opening up for the first time about the woman they know and love.

After maintaining their silence for nearly two years, five women who form an essential part of Meghan’s inner circle have spoken with PEOPLE to “stand up against the global bullying we are seeing and speak the truth about our friend,” says a longtime friend and former costar.
In candid interviews, the women — who requested anonymity to protect the private relationships they hold dear — set the record straight on everything from Meghan’s relationship with her dad to an up-close view of her wedding to the reality of her day-to-day life at Kensington Palace’s Nottingham Cottage.
The same day People did a follow up article specifically about the situation with Meghan's father and the letter (link).

“After the wedding she wrote him a letter. She’s like, ‘Dad, I’m so heartbroken. I love you. I have one father. Please stop victimizing me through the media so we can repair our relationship.’
 
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The goodwill generated by the tour is now forgotten , at least in the UK [hopefully not in Africa], and Mr Markle is 'front page' again..

What a triumph for Mrs Clintons [newly imported] PR team...

Well said. So within a few days, Harry & Meghan's misjudgements have led to:

> Meghan's broken relationship with her father back on the front pages

> Potential for uniting the Press in fighting H&M's potential "war"

> Recent very successful charitable endeavours, including SmartWorks, all forgotten

> Goodwill of recent official trip to Africa eroded.

Lack of judgement, being badly advised, not understanding the basic role of a second tier royal, not seeking or listening to sage advice from Charles, William or the BP staff: not sure which of these is driving these actions.
 
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The goodwill generated by the tour is now forgotten , at least in the UK [hopefully not in Africa], and Mr Markle is 'front page' again..

What a triumph for Mrs Clintons [newly imported] PR team...

Well said. So within a few days, Harry & Meghan's misjudgements have led to:

> Meghan's broken relationship with her father back on the front pages

> Potential for uniting the Press in fighting H&M's potential "war"

> Recent very successful charitable endeavours, including SmartWorks, all forgotten

> Goodwill of recent official trip to Africa eroded.

Lack of judgement, being badly advised, not understanding the basic role of a second tier royal, not seeking or listening to sage advice from Charles, William or the BP staff: not sure which of these is driving these actions.

i agree! but although i have blamed their PR team in the past (along with H&M) i no longer do. no respectable, experienced PR team would have advised them to do this. to me, this is the making of H&M - despite the well intentioned advice that their PR team, Charles, William or the BP staff will have given them.

they are carving their own grave. we all know who will suffer from this: whilst harry was always seen as a bit of a 'black sheep' whose actions were forgotten/ignored (his naked pictures, his racist costumes, etc...), meghan's popularity has never been high. harry is trying to help meghan with this, but he's actually going to do more damage than good IMO, as evidenced by the events mentioned before by muriel:

> Meghan's broken relationship with her father back on the front pages

> Potential for uniting the Press in fighting H&M's potential "war"

> Recent very successful charitable endeavours, including SmartWorks, all forgotten

> Goodwill of recent official trip to Africa eroded.
 
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Though they are not a party of the lawsuit (the issue is copyright/publishing/consent). Dragging them into it ie subpoenas depositions etc will be impossible. People Magazine is not about to expose its sources. I mean til today we don't know who was the Washington Post Deep Throat. Since if MoS want to go down this road, I am sure Harry and they lawyers would love to depose those infamous Palace Sources MoS and DM love to quote and refer to.

Totally off topic but FYI—Deep Throat was identified as Mark Felt, Associate Director of the FBI. They even made a movie about him in 2017 starring Liam Neeson. But your point is correct, The Post never revealed their source. Felt revealed himself as Deep Throat in 2005, 3 years before his death at age 95.

I don’t see a judge allowing the MoS to drag irrelevant people, depositions or testimony into court. I don’t see how the People magazine article or Meghan’s dad saying he wanted to “set the record straight” by releasing her letter is any defense for the MoS. The point is copyright and ownership of the words.

And anyway, the deluded Tom Markle did set the record straight- for Meghan, not himself. He showed that he was a liar, who couldn’t keep his stories straight.

Now I have a conundrum that I hope someone can help my caffeine deprived and sluggish memory. Does anyone remember reading and seeing when Meghan's letter was first released in the British press that there were actual pictures in the article showing Meghan's letter in *her own handwriting*?

This makes me doubt that the press got an edited copy. They saw the original and photographed it. I seem to remember people making comments here on how beautiful her handwriting is. Or am I remembering things wrong? To me, regardless if the press got an edited version of the letter, they still infringed on Meghan's intellectual property by publishing it. Mr. Markle isn't going to save their slimy, ink stained, grubby fingers.

You are correct-an actual excerpt of the letter in Meghan’s handwriting was printed in the article.
 
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There are a lot of articles on the net and it's interesting that once again the Morning Egomaniac led the charge. Weirdly, he always begins by giving his CV as if having Meghan as a Twitter follower bestows credibility on him. It doesn't.

Many RR's such as Dickie Arbiter have stated that following the scandal and new rules there was a much quieter media response and then cam the internet and scandals that never occurred were posted and their authors stated things as gospel.

They have heated up since the ascent of the Cambridge's but in the beginning at least they backed off Catherine during her maternity leave.

11 years later all bets are off. The media trolls seem to be able to publish what they like, outright lies or half truths. Like Harry and Meghan OWE their entire lives to the media and, when accepting the gift of Frogmore, they signed away any rights to a life.

If I doubted this, all the dire predictions of the media destroying their lives work and not following them any more were two of the more outrageous seasons given for why they should have never have complained shocked me.

No royal is the servant of the media and reputable RR's will continue their reputable way and slime will contemplate the pros and cons of killing the geese that lay the golden eggs.
 
The goodwill generated by the tour is now forgotten , at least in the UK [hopefully not in Africa], and Mr Markle is 'front page' again..

What a triumph for Mrs Clintons [newly imported] PR team...

It is not about goodwill. It is about Justice. After all: popularity ("goodwill") comes by feet and leaves on horseback. His own mother, his own father, his own stepmother, all have experienced this so-called "goodwill". The one week it is Hosanna! The other week it is Crucify Him!
 
Are you referring to the phone hacking scandal? We don't know yet the details but if Harry will be referring to his phone being hacked in the wake of the investigations of 2005 or 2011, he should have filed a lawsuit back then. These investigations made world wide news, he should have added his voice then.
Not sure his phone has been hacked by a newspaper since.
It strikes me as odd that he brings this issue on the table now and somehow relates it to his anger about the treatment of his wife by filing both lawsuits around the same time.




The precedent for this has been that you have 6 years from realizing you were hacked to when you can sue .


There have been a continual stream of cases and payouts under those rules since Leveson .And he is part of a huge numbers of these cases being lodged now at the same time .
 
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