The headline-grabbing paltry sum, however, is not the whole story and Meghan will be receiving much more from the tabloid â but for violation of her copyright rather than privacy.
Last month, the duchess won her dispute with the Mail on Sunday, which in 2019 published parts of a âpersonal and privateâ handwritten letter she penned to her dad after her wedding to Prince Harry. That letter pleaded with her estranged father to stop talking to the tabloids, saying âyou have broken my heart into a million pieces.â
A written court order by appeal judges, dated Dec. 16 and seen by The Washington Post, details some of the financial settlement agreed. It says that, by Friday, the duchess is to receive â£1 by way of nominal damages for misuse of private information.â
But the court added that a âconfidential sum agreed between the partiesâ will be paid by the tabloidâs publisher for copyright infringement. That secret sum could be quite high, legal observers say.
Meghanâs side insists that overall payout was much more than âjust £1.â A spokeswoman for the duchess told The Post the publisher agreed to pay a âsubstantialâ sum for copyright infringement and that this will be donated to charity. The Mail will also be on the hook for paying Meghanâs legal fees â which are estimated to exceed $2 million.
Legal observers say that by publishing a personal letter without permission, the Mail on Sunday had a losing case. And while the result itself does not appear to set any legal precedent, Meghanâs victory nonetheless puts down a cultural marker in the battle between Team Sussex and the British tabloids.
The duchess sued â and the duchess won.
Last month, The Mail on Sunday said they would not appeal the latest judgment against them. It also agreed to Meghanâs demand that it print a front-page admission, which it did, on Dec. 26, Boxing Day, traditionally one of the slower news days of the year.
âThe Duchess of Sussex wins her legal case for copyright infringement against Associated Newspapers for articles published in The Mail on Sunday and posted on Mail Online â SEE PAGE 3,â read the statement.
âThe Meghan Markle court victory was not that legally significant. The Mail on Sunday litigated a weak case and they lost it, without even managing to get to trial,â said David Allen Green, a legal commentator and a lawyer at Preiskel & Co in London.
Green said he assumed that the senior editors would have been advised against publication of Meghanâs letter to her father â âthe Mail on Sunday have very good lawyers,â he said. âBut they chose to publish anyway, knowing the legal risks.â
If the case sets no legal precedent, Green said, it has âimmense cultural and media significance.â
The newspaper chose to fight a weak case, despite the legal problems. âThis could only be because they had a non-legal objective,â Green said. âBut also important was that Markle decided to press her case, instead of letting it go like other royals would have done. In this way, the case could be a turning point.â
Analysts said that for the payout, Meghanâs team would have sought to recoup the profits that the tabloid made from printing her letter, which violated her copyright.
Hashim Mude, a visiting lecturer in media law at City University, said that to come up with that figure, the Mail on Sunday would have had to provide âaccurate financial information as to how much it made from the infringing material.â
To try to get at that number, they could have included an âaudited schedule of receipts, how many physical copies of the newspaper were sold, what was the overall profit generated from the infringing material and the costs incurred in generating that profit,â he said.
Mark Stephens, a media lawyer at the London-based Howard Kennedy firm, said that during trials expert evidence can be sought over how much the infringing material helped boost sales, although this case did not go to trial.
But he said that a number would have still be generated âforensicallyâ or simply âdealt with by sticking a thumb in the airâ and landing on a figure both parties agree to. He guessed it would be north of $100,000.
âIt looks as if they weighed up their options, and then decided that an account of profits in the copyright is going to give her more money than the invasion of privacy,â said Stephens.
Damages awarded in other cases involving high profile figures taking on media outlets â and winning â can vary widely, but they generally are not eye-popping sums like some cases in America.
The British supermodel Naomi Campbell, for example, won a breach of confidentiality lawsuit against the Daily Mirror for publishing a report on her struggle with drug addiction, which included a photograph of her leaving a Narcotics Anonymous meeting. The High Court order, which was later upheld by the House of Lords, found that even celebrities have some rights to privacy, and ordered the Mirror to pay her just $4,700.
The sums awarded in these case are usually dwarfed by legal fees, which can easily balloon into the hundreds of thousands. Meghan is set to receive £300,000 ($406,000) in legal fees by Friday, according to a court order, an installment for what could be a much larger figure. In England, the default is for the loserâs side to pay a substantial portion of the winnerâs legal fees, which in this case is estimated to be over $2 million.
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