'Provocative' Meghan Markle pics used by magazine in topless Duchess Kate case 2 months ago

'Provocative' Meghan Markle pics used by magazine in topless Duchess Kate case

"Provocative" images of Meghan Markle are being used by a magazine to argue that the Duchess of Cambridge's payout for published topless photos was unjustified.

France's Closer magazine was forced to pay £92,000 to the Duchess in damages last year after they published the images of her sunbathing topless on holiday in 2012.

Now, however, the magazine are appealing the payout and claiming that the amount should be reduced.

The Telegraph reports that lawyers for French Closer will use "provocative" stills and videos of Meghan Markle from earlier in her career to prove that the royal family "are happy with sexy photos."

The legal team are expected to point to a video titled Grilling Never Looked So Hot in which the now Duchess of Sussex poses wearing shorts and a crop top while doing a BBQ.

The footage was shot in 2013 for Men's Health magazine when Meghan was still starring in Suits. 

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A source told the publication that it was "hypocritical" for the royal family to receive large damages for the topless photos of the Duchess of Cambridge.

They said:

“They’re happy with sexy photos when they’re in control but then demand huge amounts in compensation when the pictures are unauthorised.

“This is unwarranted and frankly hypocritical.”

In France, the average amount of damages awarded for privacy breaches is £100.

The lawyers will make their appeal this week.