Duchess Kate puts on a brave smile in Kuala Lumpur after topless photo outrage but grim faced William can't conceal anger
- Couple are 'very angered' and say a 'red line has been crossed'
- They are currently speaking with their lawyers about suing Closer France
- Website also showed image of the front cover with Duchess in a bikini
- Pictures taken while Kate was on French holiday with William
- France has some of the strictest privacy laws in the world
- Closer France editor said Prince Harry would feel 'less alone'
- 'These photos are not in the least shocking,' Laurence Pieau added
- The couple looked hurt as they left Malaysia to continue their Asian tour
By REBECCA ENGLISH, ROYAL CORRESPONDENT, JOHN STEVENS and MARTIN ROBINSON PUBLISHED: 20:58 GMT, 13 September 2012 | UPDATED: 15:19 GMT, 14 September 2012
A 'furious' Duke and Duchess of Cambridge have been forced to put a brave face on a distressing situation today after a magazine published pictures of Kate topless.The royal couple are considering legal action against Closer in France, but had to put that to one side as they attended a tea party held in their honour in Kuala Lumpur.
A spokesman for the couple told Mail Online today: 'Their sadness has turned to anger and disbelief as we have learnt more about the photographs. We believe a red line has been crossed and we are consulting the French lawyers to see what, if any, action can be taken.But in a show of unbelievable strength the Duchess of Cambridge managed to smile and laugh her way through a Diamond Jubilee tea party at the British High Commission.
The show must go on: Prince William cannot hide his anger as he joins his wife at a tea party in their honour in Kuala Lumpur
Kate sipped tea and chatted to several guests including shoe designer Jimmy Choo.She appeared determined not to let the strain of the morning’s revelations show - laughing and chatting to the designer without an apparent care in the world – although William at times did appear to have the weight of the world on his shoulders.The couple were informed over breakfast of the scandal shortly before they departed to visit a mosque in Kuala Lumpur and have seen copies of the pixellated photographs.
The anger had not subsided for Prince William as they then left the capital of Malaysia for the next leg of their tour of south east Asia. Trailed by their closest aides and airport staff, the couple walked the 200 yard red carpet laid out at the Bunga Raya VIP area of Kuala Lumpur's airport today. The 30-year-old prince didn't look to his left or right for most of the walk, clenching his teeth as he showed his displeasure at the invasion of his wife's privacy. Kate allowed herself a couple of smiles. And in a sign of unity as they went up the steps to board the Boeing 737-800 jet she reassuringly placed her left hand on the small of his back.
The pictures were teased on the French version of Closer magazine's website billed as 'World Exclusive; Kate and William in Provence: Oh My God!'
Brave face: Kate smiles and tries to enjoy a cup of tea despite the 'hurtful and unjustifiable' publication of naked photos today
In an interview that will further infuriate the royals, Laurence Pieau, Closer France's editor said this afternoon: 'These photos are not in the least shocking. They show a young woman sunbathing topless, like the millions of women you see on beaches.'She refused to say how much she had paid for the photographs, 'It cost the price of a good exclusive,' she said.
Ms Pieau said the magazine obtained the pictures after discovering where the couple were staying.
Sad: The couple looked down as they boarded their plane on a day that will have taken the shine off what has been a very successful and happy trip to Malaysia
Support: The Duke and Duchess of Cambridge board their plane at Kuala Lumpur Airport and Kate places her hand on the angry William's back
She told French radio station Europe 1: 'The terrace (of the chateau) was completely visible from the road.
Pensive: Kate looked beautiful as usual but despite an incredible show of strength, at times she looked very thoughtful about the day's events
'They were not being careless but they were not making any special effort to conceal themselves.'She defended the decision to publish, insisting there was 'nothing degrading' about the photographs and told the radio station she could not understand the couple's reaction.Instead, Ms Pieau insisted the photographs were 'joyful' and the text which accompanied them was 'extremely soft'.She added: 'We must not be too dramatic about this'.
'These photos will go round the world. We are happy to have them and we won't be the only ones to publish them.'Closer's text to accompany the naked images said: 'Kate takes advantage of those delicious moments of doing nothing and offers her breasts to the soft caress of the Provence sun. On a sun lounger, at the swimming pool of the ancient hunting lodge from the 19th Century, transformed into a magnificent guest mansion by its owner, the Viscount Linley, himself the nephew of Queen Elizabeth II, Kate forgets the fog and solitude of her house in the Isle of Anglesey in Wales where she spent long weeks of solitude and boredom alone, waiting for William, helicopter pilot for the royal airport. She tops up her tan, while he is playing with his digital tablet.
'Their bodies are relaxed, their gestures languid, and their kisses very warm. Three magic days. Upon their arrival the atmosphere was all about relaxing. No more maintaining a front, worrying about image or etiquette.'
Difficult: The Duchess looked thoughtful at the reception but still managed a smile when speaking to a fan
Yesterday the magazine's editor posted a series of titillating messages on Twitter, telling followers Prince Harry would feel 'less alone' when the controversial edition hit the shelves.
KATE NOT THE FIRST ROYAL TO BE PICTURED NAKED
The Duchess of Cambridge is not the first member of the Royal Family to be photographed without their clothes on at a French chateau.
German tabloid Bild published pictures of the Prince of Wales naked on a balcony while on holiday near Avignon in 1994.
The images of Charles, with just a folded white dressing-gown draped over his shoulder, were taken by a French photographer using a long lens.
The prince, who was 45 at the time, was described as 'hunky like a Greek statue' by Bild, but the British press declined to publish the pictures.
In 1991 The Sun printed naked photographs of the Duke of York, who was dubbed 'Randy Andy' by the tabloids.
The following year - shortly after Andrew and his wife Sarah Ferguson, the Duchess of York, had agreed to separate - came the toe-sucking incident.
The front page of the Daily Mirror showed pictures of her sunbathing topless while American businessman John Bryan kissed her feet.
French weekly magazine Paris Match, which also published the images, was ordered to pay £84,000 in damages to Sarah.
In 1993 the Sunday Mirror and Daily Mirror published photographs of Diana, Princess of Wales, in a leotard and cycling shorts as she exercised on a leg-press machine at a gym in west London.
The photographs were taken using a hidden camera by the gym's owner, Bryce Taylor.
Diana's lawyers took legal action over the pictures, and settled claims with Mirror Group Newspapers, Mr Taylor and the gym.
A topless picture of the Countess of Wessex, taken before she married into the royal family, was published in 1999, and Diana's second son, Prince Harry, was involved in his own photograph row last month.
The Sun defied a royal request not to publish images of him in a Las Vegas hotel frolicking in the nude.
Taking a seemingly light-hearted approach, Laurence Pieau said readers could expect the 'hot Provence version of the crown jewels'. And she wrote: 'With regard to English reprisals, we will keep you updated ... but Kate in Provence in Closer is so pretty'.'Their Royal Highnesses have been hugely saddened to learn that a French publication and a photographer have invaded their privacy in such a grotesque and totally unjustifiable manner,' a statement from the couple said.
'The incident is reminiscent of the worst excesses of the press and paparazzi during the life of Diana, Princess of Wales, and all the more upsetting to The Duke and Duchess for being so. 'Their Royal Highnesses had every expectation of privacy in the remote house. It is unthinkable that anyone should take such photographs, let alone publish them. 'Officials acting on behalf of Their Royal Highnesses are consulting with lawyers to consider what options may be available to The Duke and Duchess.'
It is all the more sensational because France has some of the strictest privacy laws in the world, yet one of the country's own magazines has decided to publish pictures, if genuine, clearly taken in private with a long lens. St James's Palace was bracing itself after Closer trailed its 'exclusive' on its website with the words: 'World Exclusive; Kate and William in Provence: Oh My God!'The magazine's website also showed an image of the front cover which pictured the Duchess in a bikini apparently about to remove her top.William and Kate are midway through a Diamond Jubilee tour of the Far East, which had been going well but is now likely to be overshadowed by the controversy.
The photographs were taken last week while the couple were staying in Provence at a chateau owned by Lord Linley, the Queen's nephew, ahead of their trip. St James's Palace said the royal couple would not let the controversy distract them.A spokesman said: 'The Duke and Duchess remain focused currently on their tour of Singapore, Malaysia, Solomon Islands and Tuvalu on behalf of HM the Queen.'
A source close to David Cameron said that Number 10 'echoes the sadness of the Palace' over the publication of the pictures. A Downing Street spokeswoman said the Prime Minister had not seen the photographs and the Palace, rather than the Government, was dealing with the fallout from their publication.
The spokeswoman said: 'The view from Downing Street is that they are entitled to their privacy.'
Professional: Despite having just heard bad news over breakfast the pair didn't let it show when they met people during a Kuala Lumper walk about today
Tour: Kate, the Duchess of Cambridge, today arrives at a Kuala Lumpur mosque and then covers her head before entering, having just heard about the topless pictures over breakfast
Respectful: Prince William and his wife Kate take their shoes off
Every inch the fairytale princess: William and Kate arrive at an official dinner given by His Majesty The Agong at his official residence last night
Later the Duchess of Cambridge signs the visitors' book there
'FRANCE HAS STRICT PRIVACY LAWS, WHICH IS WHY THE DECISION TO PUBLISH THE PICTURES IS SHOCKING' - FRENCH LEGAL EXPERT TELLS MAIL
France's strict privacy laws have made it a haven for celebrities like Johnny Depp, Brad Pitt and Angelina Jolie (their holiday home pictured below).
Britain's close neighbour considers that anybody has a right to a private life, no matter how famous they are, and French publications tend to respect this culture.
Therefore the decision by French Closer to publish topless pictures of Kate Middleton today is all the more shocking, a legal expert in the country has said, adding that the royal couple have a good chance of seeking redress in the courts.
But with fines less harsh than in previous years, publications are more prone to take the risk as their boosted revenue will far outweigh the amount they will be forced to pay,
The Palace is currently consulting with lawyers about what to do next.
Partner at the law firm Olswang in Paris, Jean-Frédéric Gaultier, who represents newspapers in the courts, said: 'In this case, and this is purely my personal view, if I were representing the royal couple, I would immediately sue. It is quite clearly a private moment captured with a long lens.
'The pictures are of a very personal nature as she is clearly naked and you can see her breasts. I was surprised they used them.
'The headline that goes with them, translated, says they are pictures that will be sent around the world, I think that would be seeking damages based on that.
'Kate and William could choose to go for a preliminary injunction, which could be in place within a matter of days in exceptional circumstances.
'But the French courts tend not grant these because as it is already been published, the damage is already done. It may be difficult for them but not impossible.
'If granted this would mean that the magazine would be removed from news stands and any the publisher may have in storage, and would be destroyed.
'If they were to seek damages then this is a process that would take a eight to 12 months to bring to court. They could also get an injunction at the same time. Kate and William would not have to appear in court.
'My understanding is that this route is considered as a relatively cheap option for publishers and that's why they are taking the risk.
'In high profile cases damages tend to be around 10 to 12,000 euros and at the very highest would be 60,000 euros. But that would be very rare.'
France's protection of privacy is entrenched in its culture as well as its case law.
Its press targeted its biggest stars like Brigitte Bardot, below, and Alain Delon in the 1960s and 1970s to test it.
In one famous case Gérard Philippe, a French actor - his nine-year-old son was admitted to hospital and a photographer sneaked in and took pictures of him in his bed, which were published and led to a key piece of case law.
The Paris Court of Appeal upheld with this judgment: 'If a person whose picture has been reproduced was at the time in a private place, it is unlawful to make that picture, just as it is to publish it or make use of it without permission, as it infringes the right to privacy of the person in question.'
'Privacy law is much stricter in France than Britain, but it is changing, in fact we are getting less strict and Britain appears to be getting stricter,' Mr Gaultier said.
'If photos are published of a public person, they must be from a public event they are attending in that role, and the story must relate to that too.
'For example, if a celebrity or politician is attending the Cannes Film Festival then they could be photographed on the red carpet. But the next day if the same people are relaxing topless on the beach then they could not, even if it was clearly a public place.
'That's our culture and tradition - the French believe that private life is not of interest to the public, whoever you are, and even if you are having lots of affairs, for example.
'But that is changing because of Dominique Strauss-Kahn. People are starting to realise that private lives can have an impact on public life.
'However, this is still in a context where journalists and publishers believe private life in this country is something sacred and to be protected.'
Closer is not run by the same company as the British title, it is run by Italian business Mondadori, owned by former president Silvio Berlusconi's holding company Fininvest. The UK magazine today distanced itself from the French publication of the same name and these pictures.'Closer magazine UK would like to make it clear that the two publications make entirely independent editorial decisions. In this respect the comments made by the Editor of the French edition which have reported in the media today do not reflect the opinions of Closer magazine UK.
'Closer magazine UK was not offered any pictures of this nature and certainly has no intention of publishing the photographs of the Duchess of Cambridge which have been published in France this morning. Closer magazine UK takes its obligations under the PCC Code extremely seriously and would never publish topless images of a member of the Royal family on its cover or otherwise.'
A senior royal source told MailOnline: 'The Duke and the Duchess were told at breakfast and are obviously saddened and disappointed if they are genuine as they believe they have a right to privacy - particularly on holiday.'Specifically alluding to the death of Princess Diana, William's mother, who was killed in a Paris car crash in 1997 as she was chased by paparazzi, the source said: 'This incident turns the clock back 15 years.'
Earlier yesterday the Duchess visited a hospice and chatted with Zakwan for 15 minutes before signing his birthday card and telling him he was 'very.very brave' and 'very handsome'
Passionate: Kate also delivered a speech at Hospis Malaysia - a cause very close to her heart
They have instructed officials to investigate and have not ruled out taking legal action against Closer magazine.Their lawyers in the UK and Paris have been speaking overnight. But they may also decided to let 'public opinion to run its course'.Publication of the pictures is bound to reignite the row about privacy even though ironically they were taken in France - which has some of the strictest privacy laws in the world.
The pictures were allegedly taken while Kate was on holiday with William, in France last week. The couple were staying in Provence at a chateau owned by Lord Linley, the Queen's nephew, ahead of their current Diamond Jubilee tour of south east Asia and the South Pacific on behalf of the Queen.
Pictures have already surfaced on the continent of the couple sunbathing, where the Duchess was wearing a skimpy bikini. Now France's Closer magazine, one of the biggest celebrity glossy magazines in the country, says it has obtained pictures of the royal couple by the swimming pool, including ones of Kate topless.
Dream like: The Kranji Memorial is situated on a tranquil sun-bathed hill high above the bustling city of Singapore earlier on her Asian tour
The wreath included a message from William's grandmother, which read: 'In Memory Of The Glorious Dead Elizabeth R and Philip'
In memory: Prince William, Duke of Cambridge and Catherine, Duchess of Cambridge bow their heads after laying a wreath at the Kranji War Memorial in Singapore yesterday
Laurence Pieau, editor of French Closer magazine, said Prince Harry would feel 'less alone' when the magazine hits shelves on Friday, and the pictures are beamed around the world.She said that they showed Kate 'fully topless' and that there would be 'nipples'.She said Kate had removed her bikini to 'avoid tanning lines'. Ms Pieau said the 'whole world would be talking' about the pictures.A blurb accompanying the racy picture spread meanwhile refers to the Luberon area of Provence with the words: 'The Duchess of Cambridge topless on the terrace of a guest house in the Luberon!' adding 'OMG!' for 'Oh My God!'The full text reads: 'A little more than a year after their marriage, the royal couple was offered a romantic getaway, far from the protocol and etiquette in their very own garden of Eden.'Almost alone in the world ... because Closer was there! After the Olé Olé holidays of Prince Harry in Las Vegas, discover the very sensual shots of Kate Middleton and her husband Prince William .
On tour: The Duke and Duchess of Cambridge enjoying their first official engagement on their nine-day tour of Asia at the stunning Botanic Gardens in Singapore
The Duke and Duchess of Cambridge look at an orchid named after Prince William's mother Diana, Princess of Wales, during their first engagement in Singapore
'Discover the incredible pictures of the future Queen of England as you've never seen her before... and as you will never see her again!'The pictures are said to show the couple smearing sun cream over their bodies in between taking a dip in plus 30 degree temperatures, the magazine explains.A spokesman for the Duchess declined to comment last night in advance of publication.
Secluded: The pictures were allegedly taken last week, while the couple were on holiday at Chateau d'Autet, set amid 640 acres of woodland in the picturesque Luberon region
French retreat: The chateau is surrounded by woods and a carpet of lavender fields
A 'furious' Duke and Duchess of Cambridge have been forced to put a brave face on a distressing situation today after a magazine published pictures of Kate topless.The royal couple are considering legal action against Closer in France, but had to put that to one side as they attended a tea party held in their honour in Kuala Lumpur.
A spokesman for the couple told Mail Online today: 'Their sadness has turned to anger and disbelief as we have learnt more about the photographs. We believe a red line has been crossed and we are consulting the French lawyers to see what, if any, action can be taken.But in a show of unbelievable strength the Duchess of Cambridge managed to smile and laugh her way through a Diamond Jubilee tea party at the British High Commission.
The show must go on: Prince William cannot hide his anger as he joins his wife at a tea party in their honour in Kuala Lumpur
Kate sipped tea and chatted to several guests including shoe designer Jimmy Choo.She appeared determined not to let the strain of the morning’s revelations show - laughing and chatting to the designer without an apparent care in the world – although William at times did appear to have the weight of the world on his shoulders.The couple were informed over breakfast of the scandal shortly before they departed to visit a mosque in Kuala Lumpur and have seen copies of the pixellated photographs.
The anger had not subsided for Prince William as they then left the capital of Malaysia for the next leg of their tour of south east Asia. Trailed by their closest aides and airport staff, the couple walked the 200 yard red carpet laid out at the Bunga Raya VIP area of Kuala Lumpur's airport today. The 30-year-old prince didn't look to his left or right for most of the walk, clenching his teeth as he showed his displeasure at the invasion of his wife's privacy. Kate allowed herself a couple of smiles. And in a sign of unity as they went up the steps to board the Boeing 737-800 jet she reassuringly placed her left hand on the small of his back.
The pictures were teased on the French version of Closer magazine's website billed as 'World Exclusive; Kate and William in Provence: Oh My God!'
Brave face: Kate smiles and tries to enjoy a cup of tea despite the 'hurtful and unjustifiable' publication of naked photos today
In an interview that will further infuriate the royals, Laurence Pieau, Closer France's editor said this afternoon: 'These photos are not in the least shocking. They show a young woman sunbathing topless, like the millions of women you see on beaches.'She refused to say how much she had paid for the photographs, 'It cost the price of a good exclusive,' she said.
Ms Pieau said the magazine obtained the pictures after discovering where the couple were staying.
Sad: The couple looked down as they boarded their plane on a day that will have taken the shine off what has been a very successful and happy trip to Malaysia
Support: The Duke and Duchess of Cambridge board their plane at Kuala Lumpur Airport and Kate places her hand on the angry William's back
She told French radio station Europe 1: 'The terrace (of the chateau) was completely visible from the road.
Pensive: Kate looked beautiful as usual but despite an incredible show of strength, at times she looked very thoughtful about the day's events
'They were not being careless but they were not making any special effort to conceal themselves.'She defended the decision to publish, insisting there was 'nothing degrading' about the photographs and told the radio station she could not understand the couple's reaction.Instead, Ms Pieau insisted the photographs were 'joyful' and the text which accompanied them was 'extremely soft'.She added: 'We must not be too dramatic about this'.
'These photos will go round the world. We are happy to have them and we won't be the only ones to publish them.'Closer's text to accompany the naked images said: 'Kate takes advantage of those delicious moments of doing nothing and offers her breasts to the soft caress of the Provence sun. On a sun lounger, at the swimming pool of the ancient hunting lodge from the 19th Century, transformed into a magnificent guest mansion by its owner, the Viscount Linley, himself the nephew of Queen Elizabeth II, Kate forgets the fog and solitude of her house in the Isle of Anglesey in Wales where she spent long weeks of solitude and boredom alone, waiting for William, helicopter pilot for the royal airport. She tops up her tan, while he is playing with his digital tablet.
'Their bodies are relaxed, their gestures languid, and their kisses very warm. Three magic days. Upon their arrival the atmosphere was all about relaxing. No more maintaining a front, worrying about image or etiquette.'
Difficult: The Duchess looked thoughtful at the reception but still managed a smile when speaking to a fan
Yesterday the magazine's editor posted a series of titillating messages on Twitter, telling followers Prince Harry would feel 'less alone' when the controversial edition hit the shelves.
KATE NOT THE FIRST ROYAL TO BE PICTURED NAKED
The Duchess of Cambridge is not the first member of the Royal Family to be photographed without their clothes on at a French chateau.
German tabloid Bild published pictures of the Prince of Wales naked on a balcony while on holiday near Avignon in 1994.
The images of Charles, with just a folded white dressing-gown draped over his shoulder, were taken by a French photographer using a long lens.
The prince, who was 45 at the time, was described as 'hunky like a Greek statue' by Bild, but the British press declined to publish the pictures.
In 1991 The Sun printed naked photographs of the Duke of York, who was dubbed 'Randy Andy' by the tabloids.
The following year - shortly after Andrew and his wife Sarah Ferguson, the Duchess of York, had agreed to separate - came the toe-sucking incident.
The front page of the Daily Mirror showed pictures of her sunbathing topless while American businessman John Bryan kissed her feet.
French weekly magazine Paris Match, which also published the images, was ordered to pay £84,000 in damages to Sarah.
In 1993 the Sunday Mirror and Daily Mirror published photographs of Diana, Princess of Wales, in a leotard and cycling shorts as she exercised on a leg-press machine at a gym in west London.
The photographs were taken using a hidden camera by the gym's owner, Bryce Taylor.
Diana's lawyers took legal action over the pictures, and settled claims with Mirror Group Newspapers, Mr Taylor and the gym.
A topless picture of the Countess of Wessex, taken before she married into the royal family, was published in 1999, and Diana's second son, Prince Harry, was involved in his own photograph row last month.
The Sun defied a royal request not to publish images of him in a Las Vegas hotel frolicking in the nude.
Taking a seemingly light-hearted approach, Laurence Pieau said readers could expect the 'hot Provence version of the crown jewels'. And she wrote: 'With regard to English reprisals, we will keep you updated ... but Kate in Provence in Closer is so pretty'.'Their Royal Highnesses have been hugely saddened to learn that a French publication and a photographer have invaded their privacy in such a grotesque and totally unjustifiable manner,' a statement from the couple said.
'The incident is reminiscent of the worst excesses of the press and paparazzi during the life of Diana, Princess of Wales, and all the more upsetting to The Duke and Duchess for being so. 'Their Royal Highnesses had every expectation of privacy in the remote house. It is unthinkable that anyone should take such photographs, let alone publish them. 'Officials acting on behalf of Their Royal Highnesses are consulting with lawyers to consider what options may be available to The Duke and Duchess.'
It is all the more sensational because France has some of the strictest privacy laws in the world, yet one of the country's own magazines has decided to publish pictures, if genuine, clearly taken in private with a long lens. St James's Palace was bracing itself after Closer trailed its 'exclusive' on its website with the words: 'World Exclusive; Kate and William in Provence: Oh My God!'The magazine's website also showed an image of the front cover which pictured the Duchess in a bikini apparently about to remove her top.William and Kate are midway through a Diamond Jubilee tour of the Far East, which had been going well but is now likely to be overshadowed by the controversy.
The photographs were taken last week while the couple were staying in Provence at a chateau owned by Lord Linley, the Queen's nephew, ahead of their trip. St James's Palace said the royal couple would not let the controversy distract them.A spokesman said: 'The Duke and Duchess remain focused currently on their tour of Singapore, Malaysia, Solomon Islands and Tuvalu on behalf of HM the Queen.'
A source close to David Cameron said that Number 10 'echoes the sadness of the Palace' over the publication of the pictures. A Downing Street spokeswoman said the Prime Minister had not seen the photographs and the Palace, rather than the Government, was dealing with the fallout from their publication.
The spokeswoman said: 'The view from Downing Street is that they are entitled to their privacy.'
Professional: Despite having just heard bad news over breakfast the pair didn't let it show when they met people during a Kuala Lumper walk about today
Tour: Kate, the Duchess of Cambridge, today arrives at a Kuala Lumpur mosque and then covers her head before entering, having just heard about the topless pictures over breakfast
Respectful: Prince William and his wife Kate take their shoes off
Every inch the fairytale princess: William and Kate arrive at an official dinner given by His Majesty The Agong at his official residence last night
Later the Duchess of Cambridge signs the visitors' book there
'FRANCE HAS STRICT PRIVACY LAWS, WHICH IS WHY THE DECISION TO PUBLISH THE PICTURES IS SHOCKING' - FRENCH LEGAL EXPERT TELLS MAIL
France's strict privacy laws have made it a haven for celebrities like Johnny Depp, Brad Pitt and Angelina Jolie (their holiday home pictured below).
Britain's close neighbour considers that anybody has a right to a private life, no matter how famous they are, and French publications tend to respect this culture.
Therefore the decision by French Closer to publish topless pictures of Kate Middleton today is all the more shocking, a legal expert in the country has said, adding that the royal couple have a good chance of seeking redress in the courts.
But with fines less harsh than in previous years, publications are more prone to take the risk as their boosted revenue will far outweigh the amount they will be forced to pay,
The Palace is currently consulting with lawyers about what to do next.
Partner at the law firm Olswang in Paris, Jean-Frédéric Gaultier, who represents newspapers in the courts, said: 'In this case, and this is purely my personal view, if I were representing the royal couple, I would immediately sue. It is quite clearly a private moment captured with a long lens.
'The pictures are of a very personal nature as she is clearly naked and you can see her breasts. I was surprised they used them.
'The headline that goes with them, translated, says they are pictures that will be sent around the world, I think that would be seeking damages based on that.
'Kate and William could choose to go for a preliminary injunction, which could be in place within a matter of days in exceptional circumstances.
'But the French courts tend not grant these because as it is already been published, the damage is already done. It may be difficult for them but not impossible.
'If granted this would mean that the magazine would be removed from news stands and any the publisher may have in storage, and would be destroyed.
'If they were to seek damages then this is a process that would take a eight to 12 months to bring to court. They could also get an injunction at the same time. Kate and William would not have to appear in court.
'My understanding is that this route is considered as a relatively cheap option for publishers and that's why they are taking the risk.
'In high profile cases damages tend to be around 10 to 12,000 euros and at the very highest would be 60,000 euros. But that would be very rare.'
France's protection of privacy is entrenched in its culture as well as its case law.
Its press targeted its biggest stars like Brigitte Bardot, below, and Alain Delon in the 1960s and 1970s to test it.
In one famous case Gérard Philippe, a French actor - his nine-year-old son was admitted to hospital and a photographer sneaked in and took pictures of him in his bed, which were published and led to a key piece of case law.
The Paris Court of Appeal upheld with this judgment: 'If a person whose picture has been reproduced was at the time in a private place, it is unlawful to make that picture, just as it is to publish it or make use of it without permission, as it infringes the right to privacy of the person in question.'
'Privacy law is much stricter in France than Britain, but it is changing, in fact we are getting less strict and Britain appears to be getting stricter,' Mr Gaultier said.
'If photos are published of a public person, they must be from a public event they are attending in that role, and the story must relate to that too.
'For example, if a celebrity or politician is attending the Cannes Film Festival then they could be photographed on the red carpet. But the next day if the same people are relaxing topless on the beach then they could not, even if it was clearly a public place.
'That's our culture and tradition - the French believe that private life is not of interest to the public, whoever you are, and even if you are having lots of affairs, for example.
'But that is changing because of Dominique Strauss-Kahn. People are starting to realise that private lives can have an impact on public life.
'However, this is still in a context where journalists and publishers believe private life in this country is something sacred and to be protected.'
Closer is not run by the same company as the British title, it is run by Italian business Mondadori, owned by former president Silvio Berlusconi's holding company Fininvest. The UK magazine today distanced itself from the French publication of the same name and these pictures.'Closer magazine UK would like to make it clear that the two publications make entirely independent editorial decisions. In this respect the comments made by the Editor of the French edition which have reported in the media today do not reflect the opinions of Closer magazine UK.
'Closer magazine UK was not offered any pictures of this nature and certainly has no intention of publishing the photographs of the Duchess of Cambridge which have been published in France this morning. Closer magazine UK takes its obligations under the PCC Code extremely seriously and would never publish topless images of a member of the Royal family on its cover or otherwise.'
A senior royal source told MailOnline: 'The Duke and the Duchess were told at breakfast and are obviously saddened and disappointed if they are genuine as they believe they have a right to privacy - particularly on holiday.'Specifically alluding to the death of Princess Diana, William's mother, who was killed in a Paris car crash in 1997 as she was chased by paparazzi, the source said: 'This incident turns the clock back 15 years.'
Earlier yesterday the Duchess visited a hospice and chatted with Zakwan for 15 minutes before signing his birthday card and telling him he was 'very.very brave' and 'very handsome'
Passionate: Kate also delivered a speech at Hospis Malaysia - a cause very close to her heart
They have instructed officials to investigate and have not ruled out taking legal action against Closer magazine.Their lawyers in the UK and Paris have been speaking overnight. But they may also decided to let 'public opinion to run its course'.Publication of the pictures is bound to reignite the row about privacy even though ironically they were taken in France - which has some of the strictest privacy laws in the world.
The pictures were allegedly taken while Kate was on holiday with William, in France last week. The couple were staying in Provence at a chateau owned by Lord Linley, the Queen's nephew, ahead of their current Diamond Jubilee tour of south east Asia and the South Pacific on behalf of the Queen.
Pictures have already surfaced on the continent of the couple sunbathing, where the Duchess was wearing a skimpy bikini. Now France's Closer magazine, one of the biggest celebrity glossy magazines in the country, says it has obtained pictures of the royal couple by the swimming pool, including ones of Kate topless.
Dream like: The Kranji Memorial is situated on a tranquil sun-bathed hill high above the bustling city of Singapore earlier on her Asian tour
The wreath included a message from William's grandmother, which read: 'In Memory Of The Glorious Dead Elizabeth R and Philip'
In memory: Prince William, Duke of Cambridge and Catherine, Duchess of Cambridge bow their heads after laying a wreath at the Kranji War Memorial in Singapore yesterday
Laurence Pieau, editor of French Closer magazine, said Prince Harry would feel 'less alone' when the magazine hits shelves on Friday, and the pictures are beamed around the world.She said that they showed Kate 'fully topless' and that there would be 'nipples'.She said Kate had removed her bikini to 'avoid tanning lines'. Ms Pieau said the 'whole world would be talking' about the pictures.A blurb accompanying the racy picture spread meanwhile refers to the Luberon area of Provence with the words: 'The Duchess of Cambridge topless on the terrace of a guest house in the Luberon!' adding 'OMG!' for 'Oh My God!'The full text reads: 'A little more than a year after their marriage, the royal couple was offered a romantic getaway, far from the protocol and etiquette in their very own garden of Eden.'Almost alone in the world ... because Closer was there! After the Olé Olé holidays of Prince Harry in Las Vegas, discover the very sensual shots of Kate Middleton and her husband Prince William .
On tour: The Duke and Duchess of Cambridge enjoying their first official engagement on their nine-day tour of Asia at the stunning Botanic Gardens in Singapore
The Duke and Duchess of Cambridge look at an orchid named after Prince William's mother Diana, Princess of Wales, during their first engagement in Singapore
'Discover the incredible pictures of the future Queen of England as you've never seen her before... and as you will never see her again!'The pictures are said to show the couple smearing sun cream over their bodies in between taking a dip in plus 30 degree temperatures, the magazine explains.A spokesman for the Duchess declined to comment last night in advance of publication.
Secluded: The pictures were allegedly taken last week, while the couple were on holiday at Chateau d'Autet, set amid 640 acres of woodland in the picturesque Luberon region
French retreat: The chateau is surrounded by woods and a carpet of lavender fields
