The Sun Denies Illegally Monitoring Prince Harryâs Text Traffic to Meghan Markle â Two Days After Private Investigator Danno Hanks Unlawfully âBlaggedâ Her Mobile Number
A SUSPICIOUS SUN STORY contains three references to secret text messages between the couple
THE MURDOCH PAPER claims an anonymous âfriendâ told reporters about the private communication
BUT THIS VERSION of events has been called into question
BECAUSE THE ARTICLE contains signs of unlawful information gathering, according to lawyers with experience of the âphone hackingâ cases currently running through the High Court
BASED ON SIMILAR evidence, a top British privacy judge has previously found that newspapers illegally obtained itemised phone bills to find out times and dates of messages
THE JUDGE found that using unnamed sources can be a way inserting illicit info into copy
HOWEVER, The Sun â and reporters James Beal and Emily Andrews â deny doing anything unlawful in relation to Meghanâs phone number, or her telephone records
THERE is no suggestion that any voicemails were intercepted
IN PART 1 of this special investigation, we revealed how LA-based PI Dan âDannoâ Hanks was commissioned by The Sun to spy on the Markle family
IN PART 2, we reported the response of the Duke and Duchess of Sussex who condemned The Sunâs predatory practices
IN PART 3 below, Byline Investigates raises questions about how The Sun got that information about text messages
Editor, Byline Investigates
THE SUN has denied illegally obtaining the private phone records of Meghan Markle or Prince Harry â despite knowing the details about when and how often he texted her.
Byline Investigates told last week how a private detective had obtained the Duchessâ mobile number after carrying out illegal searches of US databases.
In response, the Murdoch paper has not suggested that what the PI did was legal.
However, publisher News UK denied asking him to do anything unlawful on their behalf.
But we can reveal that further questions have been raised â this time, about even more serious allegations.
The focus, of this ongoing investigation, is now on a story published in The Sun two days after Dan âDannoâ Hanks handed-over Meghanâs mobile number to an editor.
A double-page spread â billed as an exclusive â ran on 1st November 2016, detailing how Meghan had received text messages from Prince Harry.
The Sun story: âSmitten Harry bombarded Meghan with texts until he got dateâ, published 1st November 2016
The news copy contained three references to texting.
The journalists who wrote the story seemed to know that Harry had sent Meghan a lot of text messages, and the approximate timings of them.
One way this kind of information could be gleaned, is by examining their phones, or by seeing their itemised phone bills.
But, in this case, the source of the of the story line was an anonymous âfriend,â who was quoted in The Sun.
Lawyers, who are currently suing the paper for Prince Harry, regard this as suspicious â and have relied on similar references to SMS, or call âtrafficâ, to allege unlawful information gathering.
As Byline Investigates exclusively revealed, the Duke of Sussex, and scores of other claimants, are suing News UK â and the rival Mirror Group â for phone-hacking, itemised bill blagging, and other unlawful intrusions.
The first mention of texts came in the headline, inside on page 14, which stated: âSmitten Harry bombarded Meghan with texts until he got date.â
The official response from the Duke and Duchess of Sussex two weeks ago to Danno Hanksâ revelations
The second mention came in the opening line of the story â known as the âintroâ â which read, âPRINCE HARRY inundated a sexy actress with texts until she agreed to go out with him.â
The third mention is in the fifth paragraph, which is a quote from a so-called unnamed âfriend,â who claimed: âHe definitely pursued her and besieged her with texts until she agreed to a date.â
However, James Beal â The Sunâs US Editor who initially tasked the private investigator â denies asking him to do anything illegal.
His co-author Emily Andrews also denies doing anything unlawful, and says the information came from legal sources, including insights from contacts who wanted to remain nameless.
In addition to the mentions of texts, the article contains a total of SIX references to anonymous confidantes, including:
Two mentions of âfriends.â
One mention of a âfriend.â
One mention of a âsource.â
Two mentions of a âpal.â
Lawyers say that these are often euphemisms to mask unlawful information gathering.
Only one âon-the-recordâ, named source appears in the story â and she does not refer to the texts.
Over the last ten years, the High Court has heard that multiple references to unidentified speakers in a story, are no more than a device to disguise unlawfully gathered data, so as to cover the tracks of how it was got.
Emma Jones â an ex-Sun reporter and columnist â explained to Byline Investigates how itâs done.
Jones, who is now a board member of press reform group Hacked Off, said: âMost of the time, the quotes do not actually come from a real source, but are often fabricated by the journalist.
âYou can spot a spoofed-up quote, because they tend to say, âa pal saidâ, or âa friend saidâ or âa well-placed source said.â
Sometimes, it means that the paper has âblaggedâ a phone bill, and needs to disguise the fact that that is an illegal method, but at the same time it needs to get the âevidenceâ into the story, somehow.
âSo, the âcontrabandâ facts are effectively âwashedâ by attributing them to an unnamed âfriendâ or âinsiderâ â instead of stating that these facts were from unlawful newsgathering techniques, like obtaining an itemised bill.
âWhich would obviously ring alarm bells.
âI worked at The Sun as a showbiz reporter, so I saw and heard what goes on â so, in that sense Iâm genuine âinsiderâ who knows the truth. And you can quote me on that.â
A photograph taken when Emma Jones was a Sun reporter and columnist. Now, she is a board member of Hacked Off
In 2015, Britainâs top privacy judge Justice Mann agreed in principle that this was the case.
News Group Newspapers and James Beal deny tasking Danno Hanks to do anything illegal
He ruled, in the ground-breaking Gulati Judgement, that the use of phrases such as âa friend saidâ or âa pal saidâ in stories, was done to disguise hacked information.
Though the findings in this case were against the Mirror Group â and though he was referring to voicemail interception much of the time â the general principles are regarded as being applicable to other newspapers, and other forms of illegal information gathering, such as billing data.
Justice Mann stated: âInformation that was obtained from hacking would, if published, have its source disguised by attributing the source to a âfriendâ or âpalâ.â
However, The Sun denies doing anything unlawful.
More follows in Part 4 of this series.
The Sun Denies Illegally Monitoring Prince Harryâs Text Traffic to Meghan Markle â Two Days After Private Investigator Danno Hanks Unlawfull