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)

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

COVID-19. (Image courtesy CDC)
Interior Health reports 70 new cases overnight

The total number of cases in the region is now at 1,426

An employee of the Adventure Hotel was taken to hospital on Nov. 20 after she confronted a customer of Empire Coffee about not wearing a mask. File photo.
Nelson hotel employee suffers heart attack after being assaulted in anti-mask incident

An accountant at the Adventure Hotel is in hospital in Kelowna

Sgt. Darryl Peppler said Mounties are continuing their investigation after Tuesday’s raid. File photo
Grand Forks RCMP arrest suspected drug traffickers at city motel

Police say they netted “a sizable amount” of money and suspected drugs following Tuesday’s arrests.

RCMP pictured at a motor vehicle incident during snowy conditions. (Phil McLachlan - Black Press Media)
Fruitvale woman charged with impaired driving in 2019 crash that killed 2 teens

A 15-year-old boy and 18-year-old woman, both from Fruitvale, died in the crash that sent the vehicle into the river

Masks are now officially mandatory in all City of Campbell River facilities. (Black Press File Photo)
Interior Health reports 49 new COVID-19 cases overnight

302 cases remain active; two in hospital

A man wearing a face mask to help curb the spread of COVID-19 walks in downtown Vancouver, B.C., Sunday, Nov. 22, 2020. The use of masks is mandatory in indoor public and retail spaces in the province. THE CANADIAN PRESS/Darryl Dyck
B.C. records deadliest day of pandemic with 13 deaths, 738 new COVID-19 cases

Number of people in hospital is nearing 300, while total cases near 30,000

(File photo)
Alberta woman charged after allegedly hitting boy with watermelon at Okanagan campsite

Police say a disagreement among friends at an Adams Lake campsite turned ugly

Court of Appeal for British Columbia in Vancouver. (File photo: Tom Zytaruk)
B.C. woman loses appeal to have second child by using late husband’s sperm

Assisted Human Reproduction Act prohibits the removal of human reproductive material from a donor without consent

Krista Macinnis displays the homework assignment that her Grade 6 daughter received on Tuesday. (Submitted photo)
B.C. mom angry that students asked to list positive stories about residential schools

Daughter’s Grade 6 class asked to write down 5 positive stories or facts

B.C. projects targeting the restoration of sockeye salmon stocks in the Fraser and Columbia Watersheds will share in $10.9 million of federal funding to protect species at risk. (Kenny Regan photo)
13 projects protecting B.C. aquatic species at risk receive $11 million in federal funding

Salmon and marine mammals expected to benefit from ecosystem-based approach

Barrels pictured outside Oliver winery, Quinta Ferreira, in May. (Phil McLachlan - Black Press Media)
B.C. Master of Wine reflects on industry’s teetering economic state

Pandemic, for some wine makers, has been a blessing in disguise. For others, not so much.

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Damien Smith, with father Thomas Smith, is “frozen” with joy as he watches a special message Deadpool star Ryan Reynolds recorded for Damien’s 9th birthday on Tuesday, Nov. 24, 2020. (Contributed)
Shuswap boy celebrates 9th birthday with family, community and Ryan Reynolds

People from around the world send birthday cards showing young Canoe resident he’s not alone

Most Read