Tuesday, April 5, 2011

Queen Silvia and the press - New York

Queen Silvia is currently in New York City.  It appears, according to a press release from the Palace, she and Princess Madeleine had a run in with a Swedish photographer.


"In conjunction with the Queen's visit to the U.S., media has been intrusive in order to get pictures and interviews with the Queen and Princess Madeleine.

During a visit to a store on Monday afternoon April 4, the Queen and Princess Madeleine tried to avoid a photographer from Swedish media. The photographer did not take notice of their request not to be photographed and remained at the front door of the store. The Queen chose to go out through a side door and walked quickly toward a parked car in order to keep away from the photographer who ran after her. The Queen then fell and injured her foot and wrist.  The Queen's schedule remains and she will receive the Health and Human Rights Award tonight in New York as originally planned."


Two things:  the photographer was Swedish and what he was doing was not illegal.  Privacy laws are different here in the United States.   The photographer was not violating American law.  The Queen and Princess Madeleine were outside,  and out of the realm of privacy.   I do not understand why the Queen did not have a protection officer with her.  The Swedish photographer should have respected Queen Silvia's request, but, according to U.S., privacy laws, he was free to take her photograph.   U.S. courts can issue rulings to keep photographers within a certain distance, but courts cannot prevent photographs from being taken in a public place.

Queen Silvia is not entitled to Secret Service protection as she is not a head of state.  The only time she would receive Secret Service protection is when she accompanies the King on an official or state visit.  If the consort of a sovereign, or a member of a royal family is in the United States on an official visit, they are usually given State Department security.  Secret Service and State Department protection officers work in tandem with the royal's own security.  Queen Silvia's visit is a largely private one, which means she may not be entitled to a State Department security officer, or she chose not to accept protection from the U.S., government during her time in this country. 

This situation is different from the case between the Prince of Orange and the Associated Press.  The lawsuit was based on the publication of the photos in Dutch newspapers, which was a violation of the Media Code in the Netherlands.  The photos were also published in other countries, including the United States.  The publication in other countries did not violate the Dutch media code.   Perhaps next year, the Dutch couple will choose to go skiing at Vail, Colorado.   Local photographers take their photographs, and the photos appear in the local newspapers.   The Prince of Orange gets angry about his "privacy" being invaded, and he hires a Vail lawyer to sue the newspaper.  The lawyer would tell him, sorry, no can do.  Privacy does not largely exist outside the home or hotel room.   The Dutch Media Code does not apply to the non-Dutch media.

Some years ago, former First Lady Jacqueline Kennedy Onassis sued a celebrity photographer, Ron Gallela, who was constantly on the prowl for photographs of Onassis and her children.   Onassis sued Gallela for his photo stalking of her family.  In 1972, the final ruling stated that Gallela could not be denied his right to take photographs, but they accepted Onassis's request for a restraining order against Gallela.  The ruling required Gallela to say 150 feet or more away from Jacqueline Onassis and her children.


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2 comments:

Kalnel said...

From the description in the press release, I'm wondering what the big deal was. A photog wanted a picture and didn't go away. The Queen tried to outsmart him and tripped. Unless the photog intentionally tripped or hit her, it's not exactly "man bites dog."

I'm sure it's frustrating to be tailed everywhere, but simply smiling, waving, and getting in the car would seem to do the trick.

Marlene Eilers Koenig said...

In Europe, taking photos of people in private moments - and this was private - can be construed as illegal ... not in the USA, and perhaps the Queen did not realize this