Associated Newspapers Criticised by UK Court of Appeal for “Lack of Clear Focus” in Its Meghan Markle Judgment
Smartt, Ursula (2022) Associated Newspapers Criticised by UK Court of Appeal for “Lack of Clear Focus” in Its Meghan Markle Judgment. European Intellectual Property Review, 44 (3). pp. 181-185. ISSN 01420461
Abstract
The commentary argues that the Duchess of Sussex’s, Meghan Markle’s, privacy claim against the publishers of the Mail on Sunday and online, Associated Newspapers Ltd (ANL), was a courageous attempt to demonstrate via the courts that freedom of the press and its claim to the public interest can go too far. She was also successful in her copyright claim, in that the Mail’s misuse of private information, namely her letter to her father, Thomas Markle, in August 2018, which had largely been copied by the newspaper verbatim, breached copyright. ANL could not claim fair dealing in a publication of a letter which had been handwritten in private and sent to Meghan’s estranged father. The CA held that the original trial judge, Warby J, was right in delivering a summary judgment in February 2021 and that there would be no public trial now.
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