"Finding Freedom" can be used against Meghan and Harry in privacy case, rules judge

The High Court in London has ruled that "Finding Freedom," a biography on Prince Harry and Meghan Markle detailing their exit as senior members of the British royal family, can be used against them in their privacy case against a British tabloid.

Prince Harry and Meghan Markle are suing the Associated Newspapers Limited for alleged breach of privacy, infringement of copyright, and breach of the 2018 Data Protection Act after the contents of a letter the former American actress wrote to her estranged father Thomas Markle was published by a tabloid in August 2018. The defendants recently argued the privacy claim in the court alleging that the Duke and the Duchess of Sussex "co-operated" with Omid Scobie and Carolyn Durand, the authors of the recently published book "Finding Freedom" to "put out their version of certain events."

During a pre-trial hearing in the case on Tuesday, Judge Francesca Kaye allowed the publisher to amend its written defence to rely on the biography in the privacy claim filed by Meghan over the publication of her "private and confidential" letter, reports Hello! magazine.

The judge ruled that the amended defence is not raising "new defences" but simply adding "further particulars" of the case. She added that the "Suits" alum "knows the case she has to meet" and that "there is no suggestion that she is in fact unable to do so".

In response, Meghan's lawyer Justin Rushbrooke QC asked for permission to appeal against the ruling allowing the amendments to the written defence, arguing that the "inherent improbability" of the Harry's wife having co-operated with the authors could be demonstrated by "simply comparing what the defendant's own articles said with what the book said about the letter" to her father.

However, the judge refused to allow the appeal against her ruling, though Meghan's lawyers could still pursue an appeal to the Court of Appeal.

The "Suits" alum, who has faced a setback in the latest hearing in her privacy case, recently spoke about "misinformation" and "stories about her" in media spiralling out of control. In a conversation with Fortune's Senior Editor, Ellen McGirt, as a part of the magazine's "Most Powerful Women Virtual Summit" on Tuesday, Meghan spoke about the importance of creating "humane tech" and the need for reliable media.

"We have got to all put our stock in something that is true, and we need to have reliable media and news sources that are telling us the truth...when you know something is wrong, report it, talk about it," the 39-year-old said.

"If you look back at anything I've said, what ends up being inflammatory is people's interpretation of it. But if you listen to what I actually say it's not controversial," the mother-of-one said about "times when stories about her have spiraled out of control", adding that they stem from "misinformation".