Obiter is relieved to hear that there is no legal reason why new photographs of Prince Harry in the buff cannot be published.
According to Andrew Sharpe, a solicitor with LexisPSL, LexisNexis’ practical guidance service, we’d be OK under the Data Protection Act 1998, which includes an exemption for publication of personal data, including photographs, for journalistic purposes where that is in the public interest. Likewise the European Convention right to freedom of expression might trump the right to privacy and family life.
‘Even more obscure laws are unlikely to assist. It is possible that had the pictures been of Prince Charles, unlikely though that may be, then it is possible at a stretch to imagine a prosecution being made under the Treason Act 1702, as the relevant provision, section 3, only addresses acts against the next in succession.
'Even then, it would have to be claimed that the intention was to so discredit the next in line as to force an abdication: all a bit remote. Even more remote would be a prosecution for the common law offence of contempt of the sovereign (and her successors?), but that hasn’t been tried since R v Price in 1840.’
Despite this learned opinion, Obiter has elected to play safe. Sorry to get your hopes up.