Why Prince Harry’s court loss is ‘painful’ and a ‘big setback’ in his media battle
Prince Harry has been steadfast in his campaign against the media intrusion and invasion of privacy he says he has long been subjected to in the tabloids.
And King Charles’ youngest son had some success as two court decisions continued.
But in a The Supreme Court decision was issued on Tuesday in LondonHarry and six other senior figures lost a privacy case alleging illegal conduct by the publisher of the Daily Mail, Associated Newspapers Ltd.
After this decision, there is now an open question of what the Duke of Sussex will do if he wishes to continue his fight, just as the situation of journalists has already appeared, and in a way, he left the world and was more focused on fighting.
The loss “will be a painful personal blow because it is very clear that he was absolutely convinced of the moral merits of his case,” Judith Rowbotham, a sociologist and cultural expert and visiting research professor at the University of Plymouth in southwest England, said in an email.
Harry, he said, “obviously felt strengthened” by the presence of other suitors – Elton John and David Furnish among them.
“So the dismissal of all claims completely removes the ground from under his feet.”
Prince Harry, Elton John and other high-profile British figures have lost their privacy lawsuits against the publisher of the Daily Mail over alleged widespread misconduct.
“It’s a shame for all the applicants,” he said.
It may also have been a “huge shock” for Harry to see his success in the last two cases, he said.
The decision came as Harry was in London for an event related to the Invictus Games, a sporting effort he founded to support injured and ill members who will hold their next competition in Birmingham, England, a year from now.
In response, Harry released a statement to British media, calling it “full and obvious whitewash, but sadly completely unexpected.”
“However, the lengths the court has gone to in order to get the Mail out is appalling and unjustified,” he said.
Prince Harry’s upcoming trip to the UK will not include a stay at Buckingham Palace, but why his residence is changing is not yet clear. The King’s son is returning home to promote the Invictus games.
Tuesday’s ruling also leaves open how the public will view what Harry has been saying about media payments to him and his family, Craig Prescott, a constitutional expert and law professor at Royal Holloway, University of London, said in an email.
“People may wonder if his broad arguments about media access really add up,” Prescott said in an email.
Harry, he said, “may have a point” especially in relation to his wife, Meghan, Duchess of Sussex. his life, he told the court in January, the Daily Mail made “a lot of grief.”
But, Prescott said, in relation to the headlines that were part of the case decided on Tuesday, Harry could not make an argument that stood up in court.
“You would think that the articles that made up part of the case would have been very strong examples of what Prince Harry was alleging.”
In a previous case, Harry won 140,600 pounds (about $240,430 Cdn) after the Supreme Court ruled that he was the victim of “polite” hacking of phones and other illegal information gathered by journalists at Mirror Group Newspapers.
And in another case, the Newsgroup offered Harry a “full and unequivocal apology” for the “hacking, surveillance and misuse of confidential information” by their reporters and independent investigators.
On Harry’s small point about the media in the UK and their treatment of him as a member of the royal family, the case decided that Tuesday was the last thing, Prescott said.
‘The last of the great crimes’
“This was the latest in a series of major lawsuits filed by various newspapers related to phone hacking and data mining. Recently, [Harry] he’s focused on addressing misinformation and social media, so you’d think he’d continue that.”
There is no doubt that Harry’s battle against the media – especially sections of the tabloid media – has been a priority for him. It’s a theme he returned to again and again, on and off the court, in his memoir Save and various interviews.
“Over the past few years, Harry has made it clear that taking on the media for what he sees as unwarranted interference has been one of his biggest missions since leaving the UK, and in some ways for him, being part of this case is a victory for him,” Prescott said.
Prince Harry and his wife Meghan once again criticized the royal family in new episodes of their Netflix series, accusing the royal press offices of being part of the media attack.
But now it is possible that, somehow, time has moved away from the heart of Harry’s battle.
There is “a sense that this is yesterday’s war,” Prescott said.
“Newspapers are not as important as they used to be; their sales have fallen dramatically since the 1990s, and the shift continues to new forms of media, YouTube and other forms of social media, which raise very different issues.”
Rowbotham expects Harry will want to continue his campaign against media interference through Archwell Philanthropies, his charity and Meghan’s.
But Tuesday’s decision, he said, “may have killed us as a campaign to be taken seriously [the] future.”
“The laws of deception…
In emotional testimony against the publisher of Britain’s Daily Mail magazine, Prince Harry accused the company of making his wife Meghan Markle’s life ‘an absolute misery.’ This case also affects celebrities including Elton John and Elizabeth Hurley.
How Tuesday’s decision will affect Harry’s relationship with the royal family is also unclear.
In his recorded letter, he said his struggle against the magazines had been “part of a rift” with family members.
In a sense, Prescott said, nothing has changed with this decision.
“However… now that this is out of the way, the removal of one obstacle to improving relations with the entire Royal Family, which does not support him in this, although there are many others.”
Rowbotham thinks there will be relief for Harry’s relatives that “the case has been completely dismissed.”
“But with the damages still to be settled, I suspect the King and Prince William will continue to avoid contact to make sure they don’t get involved in this case.”
