FILE - In this Monday Nov. 27, 2017 file photo, Britain’s Prince Harry and his fiancee Meghan Markle pose for photographers during a photocall in the grounds of Kensington Palace in London. (AP Photo/Matt Dunham, File)

B.C. privacy commissioner suggests media civility for Prince Harry and Meghan

Lawyers for the Duke and Duchess of Sussex reportedly sent a letter to British press threatening legal action

Media outlets in Canada should practise civility and self-regulation in respecting the privacy rights of Prince Harry and Meghan, the Duchess of Sussex, says British Columbia’s privacy commissioner.

Michael McEvoy said Wednesday media freedoms in Canada are vast and paramount to ensure a free press, but the couple’s privacy should be a consideration as they take up residence near Victoria.

Lawyers for the Duke and Duchess of Sussex reportedly sent a letter to the British press threatening legal action after Meghan and her young son Archie were photographed walking in a public park north of Victoria.

“I would just say as B.C.’s privacy commissioner that I think it behooves us all to exercise some kind of self-regulation, some kind of civility to respect the rights of others to go about their daily business without being surveilled,” he said in an interview.

McEvoy said individuals, regardless of their celebrity status, deserve some privacy rights.

B.C.’s Personal Information Protection Act restricts private organizations, including corporations, unions and political parties, from disclosing the personal information of individuals, but the act does not apply to the collection of information for a ”journalistic or literary purpose,” McEvoy said.

B.C.’s Privacy Act allows individuals who believe their privacy has been invaded to go to court, but the law has not been well tested, he said.

“It’s an open question whether that legislation would provide a remedy to royals or anybody else who wants to exercise it,” said McEvoy.

ALSO READ: Anti-tax group calls for no federal funds for Prince Harry, Meghan Markle while in Canada

Vancouver media lawyer Dan Burnett said the couple’s expectation of privacy in Canada would depend on the individual situation if they decided to take the matter to court. He said claims by media that photos were taken in a public place may not be enough.

“It’s very situational, and too simplistic to say ‘It’s a public place,’ ” he said. “Factors, such as young children and surreptitious photography, tend to suggest an expectation of privacy.”

Burnett said court claims in B.C. for breach of privacy are based on whether reasonable expectations of privacy are violated.

Alfred Hermida, a journalism professor at the University of British Columbia who worked as a reporter in the U.K., said the royal couple are hot news and they should expect to be making headlines when they step out in public.

“It’s really complex, really complicated because the law is not clear cut here,” he said. “Press coverage of this is this thin line of what is in the public interest and whether you’ve breached that just to have photos that are interesting to the public and will sell newspapers or get clicks.”

Hermida said there is a long tradition in the U.K. of media of investigating and exposing the private lives of well-known people, but that approach is not as prevalent in Canada.

“Taking a walk in the park and having their picture plastered across the world’s media, is that an intrusion that would be highly offensive to a reasonable person?” he said. “It might be to a Canadian, might not be to somebody in the U.K., where this is more common.”

Hermida said he finds it difficult to understand that Harry and Meghan believed their recent decision to step back from the Royal Family and move part-time to Canada would not place them in the media spotlight.

“In some ways I would argue by making the decision to step back formally as royals they’ve created more interest in what they are doing,” he said. “There’s the expectation of reasonable interest in them in how they chart a new life in Canada. We’re looking at royals, post royalty, and this is new.”

Dirk Meissner , The Canadian Press

Like us on Facebook and follow us on Twitter.

Royal family

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Council approves two retail cannabis stores for Ladysmith

Their applications are now in the hands of the provincial government

Ladysmith Heritage Awards honour commitments to preserving local history

Four awards were given at the first ever Ladysmith Heritage Awards ceremony

Exclusive: Pamela Anderson talks plans for waterfront Ladysmith property after 12-day marriage

Anderson says she can pay her own bills. Peters denies making comments suggesting she can’t

UPDATE – Chemainus Secondary School fire being investigated as suspicious

Classes cancelled Friday due to ongoing investigation and damage

Town Council approves recommended remunerations increase

A Select Committee on Council Remunerations was formed to determine an increase to remunerations

HIGHLIGHTS: Day one and two at the 2020 BC Winter Games

Athletes had sunny – but cold – weather to work with in Fort St. John

Tyler Toffoli scores twice, Canucks crush Bruins 9-3

Stecher, Miller each add three points for Vancouver

Zamboni driver, 42, earns NHL win over Maple Leafs

Emergency goalie called into action for Carolina Hurricanes

Governor general says multiple solutions needed for ‘complicated’ overdose issue

Julie Payette met at a fire hall with firefighters and police officers as well as politicians and health experts

Landlord ordered to pay $11K after harassing B.C. mom to move days after giving birth

Germaine Valdez was pressured to move just a few days after giving birth by C-section to her child

Heart attacks strike B.C. husband and wife just over one year apart

Courtenay couple share personal stories to bring awareness to heart month

‘Nothing surprises us anymore:’ U.S. border officials find brain in package

U.S. Customs and Border Protection agents found the brain packed in a glass mason jar in a Canada Post shipment

B.C., Ottawa sign sweeping 30-year deal for northern caribou habitat

West Moberly, Saulteau co-manage new protection on two million acres

Eyes on police after Trudeau orders blockades torn down, injunctions enforced

The RCMP in B.C. have sent a letter to the traditional leaders of the Wet’suwet’en Nation

Most Read