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

Washington State Department of Agriculture workers, wearing protective suits and working vacuumed a nest of Asian giant hornets from a tree Saturday, Oct. 24, 2020, in Blaine, Wash. Scientists in Washington state discovered the first nest earlier in the week of so-called murder hornets in the United States and worked to wipe it out Saturday morning to protect native honeybees. (AP Photo/Elaine Thompson)
Nest of ‘murder hornets’ found near South Surrey

String of traps set up along border to capture Asian giant hornets

Construction of Douglas College's Surrey Campus in 1970. (Photo: Douglas College Archives)
PHOTOS: Douglas College’s Surrey roots at a B.C.-first campus in 1970

The official date of the Douglas/Kwantlen split was April 1, 1981

B.C.’s parliament building, Victoria. (Photo: Tom Fletcher)
ZYTARUK: Votes come at a premium price. Time to pay the tab

Promises are rained upon the voting public much like confetti being blasted from the maw of a cannon, or particles of ash spewn from an erupting volcano

B.C.’s Court of Appeal is in Vancouver. (File photo: Tom Zytaruk)
Judgment reserved in Surrey Six slayings appeals

Six men were killed in suite 1505 of the Balmoral Tower in Whalley on Oct. 19, 2007

Loretta Hibbs (right), founder and president of Surrey-based City Dream Centre, with Kelly Voros (foreground), the organization's executive administrator. (submitted photo)
‘Pumpkin patch’ brought to Surrey inner-city schools where COVID cancelled field trips

Work done by volunteers with Surrey-based City Dream Centre

Provincial health officer Dr. Bonnie Henry arrives for briefing on the COVID-19 situation, B.C. legislature, Oct. 26, 2020 (B.C. government)
B.C. records 217 more COVID-19 cases, mask use urged

Infection spike continues, 21 senior facilities affected

People march during a climate strike in Montreal, Friday, Sept. 27, 2019. THE CANADIAN PRESS/Graham Hughes
Judge rejects 15 youths’ climate change lawsuit against Canadian government

Justice Michael Manson has granted the government’s motion to strike the plaintiffs’ claim

A woman walks through check in at WestJet at Pearson International airport during the COVID-19 pandemic in Toronto on Wednesday, Oct. 14, 2020. THE CANADIAN PRESS/Nathan Denette
Strong support for pre-flight COVID testing ahead of upcoming WestJet trial: YVR

Airport is partnering with UBC, which is helping choose the method of pre-flight testing

It’s been eight years since Gordon Spencer (pictured), and cousin, ‘Lil’ Bruce Mayo, were gunned down in a home in Langley, and Spencer’s widow is hoping someone who knows something will step up (file)
Eight years on and still no answers in Langley double murder

Wife of victim makes public appeal for people with information to come forward

Langley resident Shaun Nugent, who died in 2019 shortly after he saved a swimmer from drowning, has been awarded a posthumous medal for bravery by the Royal Canadian Humane Association (Courtesy Nugent family)
Langley man who died after saving swimmer receives posthumous medal for bravery

Shaun Nugent rescued woman from Hayward Lake near Mission in July of 2019

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Prime Minister Justin Trudeau provides an update on the COVID pandemic during a press conference in Ottawa on Tuesday, Oct. 27, 2020. THE CANADIAN PRESS/Sean Kilpatrick
Trudeau says pandemic ‘really sucks,’ and that Christmas gatherings are up in the air

The prime minister encouraged residents to continue to follow the advice of local health authorities

The Williams Lake Indian Band is stipulating no-go zones for mushroom picking in areas burned by last summer’s wildfires. 100 Mile Free Press photo
Who controls mushroom harvesting on Indigenous lands?

‘We don’t necessarily know where the mushrooms grow, how old the stands need to be, those types of things.’

Canadian and American flags fly near the Ambassador Bridge at the Canada/USA border crossing in Windsor, Ont. on Saturday, March 21, 2020. THE CANADIAN PRESS/Rob Gurdebeke
U.S. election results one factor that could impact immigration to Canada next year

The survey polled 1,523 Canadians between Oct. 23 and Oct. 25

Most Read