The very privacy that Meghan is trying to defend is at stake after the court ruled that Associated Newspapers could rely on a biography recently released in the upcoming trial, said Mark Stephens of Britain’s Howard Kennedy. As she continues her fight against the publisher of The Mail on Sunday whom she accused of a breach of privacy, the Duchess of Sussex faces an even greater invasion of privacy.
“The risk is that the way it manages its reputation, what it allows in the public domain and what it does not do, are now things that will be taken up by lawyers in cross-examination.
“The stakes are high because for the moment his reputation is not particularly damaged.
“She’s had an invasion of privacy and she cares deeply about it, but the reality is she only has one downside here.
“The more she protests against wanting to protect her privacy, the more people will investigate how she organized the Streisand effect of amplifying the positive PR and negating the other PR. ”
The Streisand Effect is a social phenomenon that sees attempts to conceal and protect information that unintentionally spread it even more.
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This effect was named after American artist Barbra Streisand, who in the early 2000s inadvertently drew more attention to photos of her home in Malibu that she was trying to remove.
Earlier this week, lawyers representing Associated Newspapers received their request for the court to modify the publisher’s defense to claim Meghan had “cooperated with the authors of the recently published book ‘Finding Freedom’ to publish their version of certain events” .
This, according to Associated Newspapers, would undermine its claim of confidentiality.
Finding Freedom is an unauthorized biography of The Duke and Duchess of Sussex by Omid Scobie and Carolyn Durand.
It provides intimate details about the blossoming romance between Meghan and Prince Harry – including what happened on their first date or on their first romantic trip to Botswana.
It also recounts what the Duchess noticed most about Kate and Prince William in London when she first visited her, her charitable work and the steps taken before parting ways with the royal family.
At Tuesday’s hearing, Maître Francesca Kaye said that the allegation that Meghan provided information to the perpetrators could quickly collapse in the next trial.
However, it ruled that Associated Newspapers was entitled to make this argument in its defense.
The Duke and Duchess of Sussex and the authors of Finding Freedom have denied that Meghan or Harry contributed to the book.
Prince Harry announced last October that Meghan decided to sue Associated Newspapers after the Mail on Sunday published excerpts from a private letter she wrote to her former father.
The Duchess accuses the publisher of hijacking private information, violating data protection and violating copyright.
Associated Newspapers totally denies any wrongdoing.
The trial is scheduled to start Jan. 11 and will last approximately 10 days.