Friday 14 September 2012

Kate and William may sue French magazine over publication of topless photographs taken on private estate


'Furious' Kate and William may sue French magazine over publication of topless photographs taken on private estate

  • St James's Palace braces itself after Closer magazine trailed 'exclusive'
  • Couple are 'very angered' and say a 'red line has been crossed'
  • Website also showed image of the front cover with Duchess in a bikini
  • Pictures allegedly taken while Kate was on French holiday with William
  • France has some of the strictest privacy laws in the world
  • Closer editor said Prince Harry would feel 'less alone' when they hit shelves


A 'furious' Duke and Duchess of Cambridge are considering legal action against a French magazine that has published pictures of Kate topless.
A spokesman for the couple told Mail Online today: 'Their sadness has turned to anger and disbelief as we have learnt more about the photographs. We believe a red line has been crossed and we are consulting the French lawyers to see what, if any, action can be taken.'
Sources said the Duchess and her husband were 'hurt, shocked, furious and disgusted'.
Kate and her husband, Prince William, were informed over breakfast of the scandal shortly before they departed to visit a mosque in Kuala Lumpur and have seen copies of the pixellated photographs.
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The pictures were teased on the French version of Closer magazine's website billed as 'World Exclusive; Kate and William in Provence: Oh My God!'
The pictures were teased on the French version of Closer magazine's website billed as 'World Exclusive; Kate and William in Provence: Oh My God!'
St James's Palace was bracing itself after Closer trailed its 'exclusive' on its website with the words: 'World Exclusive; Kate and William in Provence: Oh My God!'
It is all the more sensational because France has some of the strictest privacy laws in the world, yet one of the country's own magazines has decided to publish pictures, if genuine, clearly taken in private with a long lens.
Closer is not run by the same company as the British title, it is run by Italian business Mondadori, owned by former president Silvio Berlusconi's holding company Fininvest.

    The magazine's website also showed an image of the front cover which pictured the Duchess in a bikini apparently about to remove her top.
    A senior royal source told MailOnline: 'The Duke and the Duchess were told at breakfast and are obviously saddened and disappointed if they are genuine as they believe they have a right to privacy - particularly on holiday.'
    Specifically alluding to the death of Princess Diana, William's mother, who was killed in a Paris car crash in 1997 as she was chased by paparazzi, the source said: 'This incident turns the clock back 15 years.'
    Catherine, Duchess of Cambridge
    Kate, the Duchess of Cambridge takes her shoes off before entering a mosque in Kuala Lumpur
    Tour: Kate, the Duchess of Cambridge, today arrives at a Kuala Lumpur mosque and then covers her head  before entering
    Respectful: Prince William and his wife Kate take their shoes off
    Respectful: Prince William and his wife Kate take their shoes off
    They have instructed officials to investigate and have not ruled out taking legal action against Closer magazine.
    Their lawyers in the UK and Paris have been speaking overnight. But they may also decided to let 'public opinion to run its course'.
    Publication of the pictures is bound to reignite the row about privacy even though ironically they were taken in France - which has some of the strictest privacy laws in the world.
    The pictures were allegedly taken while Kate was on holiday with William, in France last week.
    Every inch the fairytale princess: William and Kate arrive at an official dinner given by His Majesty The Agong at his official residence
    Every inch the fairytale princess: William and Kate arrive at an official dinner given by His Majesty The Agong at his official residence last night
    The Duchess of Cambridge signs the visitors' book
    Later the Duchess of Cambridge signs the visitors' book there
    The couple were staying in Provence at a chateau owned by Lord Linley, the Queen's nephew,  ahead of their current Diamond Jubilee tour of south east Asia and the South Pacific on behalf of the Queen.
    Pictures have already surfaced on the continent of the couple sunbathing, where the Duchess was wearing a skimpy bikini.
    Now France's Closer magazine, one of the biggest celebrity glossy magazines in the country, says it has obtained pictures of the royal couple by the swimming pool, including ones of Kate topless. 
    The Duchess chatted with Zakwan for 15 minutes before signing his birthday card and telling him he was 'very.very brave' and 'very handsome'
    Earlier yesterday the Duchess visited a hospice and chatted with Zakwan for 15 minutes before signing his birthday card and telling him he was 'very.very brave' and 'very handsome'
    Kate delivers her speech at Hospis Malaysia
    Passionate: Kate also delivered a speech at Hospis Malaysia - a cause very close to her heart
    Laurence Pieau, editor of French Closer magazine, said Prince Harry would feel 'less alone' when the magazine hits shelves on Friday, and the pictures are beamed around the world.
    She said that they showed Kate 'fully topless' and that there would be 'nipples'.
    She said Kate had removed her bikini to 'avoid tanning lines'. Ms Pieau said the 'whole world would be talking' about the pictures.
    Dream like: The Kranji Memorial is situated on a tranquil sun-bathed hill high above the bustling city of Singapore
    Dream like: The Kranji Memorial is situated on a tranquil sun-bathed hill high above the bustling city of Singapore earlier on her Asian tour
    The wreath included a message from William's grandmother, which read: 'In Memory Of The Glorious Dead Elizabeth R and Philip'
    The wreath included a message from William's grandmother, which read: 'In Memory Of The Glorious Dead Elizabeth R and Philip'
    In memory: Prince William, Duke of Cambridge and Catherine, Duchess of Cambridge bow their heads after laying a wreath at the Kranji War Memorial in Singapore
    In memory: Prince William, Duke of Cambridge and Catherine, Duchess of Cambridge bow their heads after laying a wreath at the Kranji War Memorial in Singapore yesterday
    A blurb accompanying the racy picture spread meanwhile refers to the Luberon area of Provence with the words: 'The Duchess of Cambridge topless on the terrace of a guest house in the Luberon!' adding 'OMG!' for 'Oh My God!'
    The full text reads: 'A little more than a year after their marriage, the royal couple was offered a romantic getaway, far from the protocol and etiquette in their very own garden of Eden.
    'Almost alone in the world ... because Closer was there! After the Olé Olé holidays of Prince Harry in Las Vegas, discover the very sensual shots of Kate Middleton and her husband Prince William .
    The Duchess of Cambridge viewing the flowers at the Botanical Gardens
    The Duke and Duchess of Cambridge during their first engagement in Singapore
    On tour: The Duke and Duchess of Cambridge enjoying their first official engagement on their nine-day tour of Asia at the stunning Botanic Gardens in Singapore 
    The Duke and Duchess of Cambridge look at an orchid named after Prince William's mother Diana, Princess of Wales, during their first engagement in Singapore
    The Duke and Duchess of Cambridge look at an orchid named after Prince William's mother Diana, Princess of Wales, during their first engagement in Singapore
    'Discover the incredible pictures of the future Queen of England as you've never seen her before... and as you will never see her again!'
    The pictures are said to show the couple smearing sun cream over their bodies in between taking a dip in plus 30 degree temperatures, the magazine explains.
    A spokesman for the Duchess declined to comment last night in advance of publication.
    Secluded: The pictures were allegedly taken last week, while the couple were on holiday at Chateau d'Autet, set amid 640 acres of woodland in the picturesque Luberon region
    Secluded: The pictures were allegedly taken last week, while the couple were on holiday at Chateau d'Autet, set amid 640 acres of woodland in the picturesque Luberon region
    French retreat: The chateau is surrounded by woods and lavender fields
    French retreat: The chateau is surrounded by woods and a carpet of lavender fields
    A source told the Mail: 'It is impossible to tell at this stage whether the photographs are genuine or indeed purport to show what the magazine claims, so we are having to wait and see what transpires.'
    But there can be little doubt of the magnitude of their anger and disgust if the publication does indeed publish such intimate pictures.
    When photographs taken of Prince Harry partying naked a girl in his Las Vegas hotel room were sold to a US website last month they caused a worldwide internet sensation, even though only one newspaper in the UK chose to publish them.
    Picturesque: The scented climbers and pot plants in the garden at the chateau
    Picturesque: The scented climbers and pot plants in the garden at the chateau
    Sweet smell: The lavender fields at the chateau, a 19th century hunting lodge owned by Viscount Linley
    Sweet smell: The lavender fields at the chateau, a 19th century hunting lodge owned by Viscount Linley
    Outside dining: A table on the terrace where the royal couple have a glorious view of the huge estate
    Outside dining: A table on the terrace where the royal couple have a glorious view of the huge estate
    The timing of publication could not be worse as the Cambridges are almost midway though a hugely successful tour on behalf of the Queen to celebrate her Diamond Jubilee.
    They arrived in Singapore on Tuesday and are currently in Malaysia before travelling onto Borneo and then the South Pacific.
    Malaysia is a largely Muslim country with laws on public decency which makes the timing even more awkward.

    IS FRANCE A SAFE HAVEN FOR PRIVACY-CONSCIOUS CELEBRITIES?

    France has some of the strictest privacy laws in the world, but there is a growing celebrity magazine industry which is prepared to accept the very small fines which those in the public eye can win if they take legal action.
    In the past, former President François Mitterrand was able to hide the existence of his (illegitimate) daughter Mazarine, and in 2007, the French only learned of the split between defeated Socialist presidential candidate Ségolène Royal and her partner François Hollande after the electoral campaign. 
    Those in the public eye benefit from France's strict privacy law, based on a single sentence in Article 9 of the Civil Code: 'Everyone has the right to privacy', which dates back to 1970.
    This right, which became part of the constitution in 1995, includes not only the disclosure of a person's private life but also the unauthorised taking of photographs and their publication.
    But since the election of President Nicolas Sarkozy in 2007, judges are loath to impose heavy penalties on politicians who consent to exposing their private lives, as was the case with Mr Sarkozy.
    Whereas in the Nineties, fines could reach 100,000 euros, today these rarely go above 30,000.
    For this reason, an increasing number of magazines or newspapers choose to risk breaking the law for a scoop.
    The pictures were clearly taken on private property using cameras with extremely long lenses, which means no British newspaper would publish them.
    But rather like the photographs of Prince Harry, it seems that there is little St James's Palace can do about them - such as taking out an injunction to stop their publication.
    All the palace will be able to do is express their anger and disgust.
    The photographs were taken at the magnificent Chateau D'Aulet, set in 640 acres of rolling countryside and surrounded by fields of lavender.
    Close to the medieval village of Viens, it is owned by Viscount Linley, the Queen's nephew and his wife Serena.
    Although it is their private holiday residence it can be rented out by wealthy holidaymakers and can house 17 people in four separate properties.
    It is based around a 19th Century hunting lodge, which the Viscount, who makes bespoke furniture, lovingly restored.
    It also also has a heated swimming pool, tennis court and a spacious terrace with an al fresco dining area and magnificent views across miles of countryside.
    The lodge was bought by the Linleys in 1999 after they were introduced to the area by Peter Mayle, the author of the bestselling book A Year in Provence.
    The French version of Closer magazine was launched in June 2005 as an sister title to the British Closer, which is owned by UK publishing company Emap.
    It was sold in August 2006 to Mondadori France, a subsidiary of an Italian company, and now sells around 400,000 copies a week.
    French Closer claims the country's leading women's 'people' magazine.
    It also has a very successful website, which will be carrying the pictures too, said a Closer source.


    Read more: http://www.dailymail.co.uk/news/article-2202895/French-magazine-set-provoke-outrage-claiming-print-topless-photos-Duchess-Cambridge-captured-private-holiday-month.html#ixzz26Qj3QG00