Scene of the crime: Royals confirm legal action against French mag as we reveal spot where long-lens photo of topless Kate was taken

It is understood the Royal couple's aim in launching legal proceedings is to prevent further use of the images and to seek damages

Photograph emerges showing the position where photographer is believed to have taken the controversial pictures - half a mile from chateau

Couple are 'very angered' and say a 'red line has been crossed'

St James's Palace confirm the couple have launched legal proceedings against publisher



Website also showed image of the front cover with Duchess in a bikini

Pictures taken while Kate was on French holiday with William

Two U.S. celebrity gossip websites also showing topless pictures

Magazine has now reportedly removed the pictures from its website



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

St James's Palace today confirmed that the Duke and Duchess of Cambridge had launched legal action for breach of privacy against the publishers of Closer magazine in France after it published topless pictures of Kate.

It is understood that the Royal couple's aim in launching legal proceedings is to prevent further use of the images and to seek damages. Despite this, at least two U.S. celebrity gossip websites are this evening also showing the topless pictures.

Details of the legal action came as this photograph emerged showing the position where the photographer is believed to have taken the controversial pictures. It is thought to be just over half a mile away from the chateau in Provence where the Royal couple were staying.

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X marks the spot: The long lens pictures taken of the topless Duchess were shot from the side of the road between trees around half a mile away from the chateau

Sad: The couple looked down as they boarded their plane after a very successful and happy trip to Malaysia. It is understood that the Royal couple's aim in launching legal proceedings is to prevent further use of the images and to seek damages

In confirming the legal action would be taken, St James's Palace announced its lawyers would be pursuing the matter through the French courts.



In a short statement, the palace said: 'St James's Palace confirms that legal proceedings for breach of privacy have been commenced today in France by the Duke and Duchess of Cambridge against the publishers of Closer Magazine France.'

The royal couple have the sympathy of Downing Street with a source close to David Cameron saying that Number 10 'echoes the sadness of the palace' over the publication of the pictures.

The pictures were taken last week at Chateau D’Autet, a luxury holiday chateau in Provence which is which is owned by Viscount Linley, the Queen’s nephew.

He is said to have promised William and Kate a sun-kissed break in absolute privacy before they set off on a tour of Asia.



A legal source in Nanterre, a Paris suburb, also confirmed this evening that a complaint had been filed at the local Tribunal de Grande Instance against the magazine.



Images circulated online: 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



UK MAGAZINE 'APPALLED' BY TOPLESS PICTURES OF KATE

The firm which established the Closer brand has condemned the 'intrusive and offensive pictures' and is now reviewing the licence of the French magazine which published the topless pictures. Publisher Bauer Media, which owns the UK version of Closer, said it complained in the strongest terms and was 'appalled' by the use of the shots. The similarity of the covers of the two magazines, which share the same pink masthead, may have caused some people to assume they are sister titles. But bosses of the firm which publishes the UK version, and owns the brand, took steps to distance themselves from the French edition which is published under licence by Italian firm Mondadori. Paul Keenan, chief executive of Bauer Media, said his company asked Closer France to remove the pictures and refrain from publishing any more of the images. In a statement, he said: 'As the owners of the Closer brand and publishers of Closer magazine, we have complained in the strongest terms to the licensee of Closer France over the publication by them of photographs of their Royal Highnesses, Prince William and the Duchess of Cambridge. 'We deplore the publication of these intrusive and offensive pictures and have asked that Closer France takes these pictures down immediately from its website and desist from publishing any further pictures. Bauer Media and Closer UK regards publication of these photographs as a gross intrusion of their Royal Highnesses' privacy. 'We were not aware in advance of the purchase of these photographs or of any intention to publish.

'We have absolutely no control over the editorial decisions of Closer France. In the light of their publication, we are now urgently discussing this matter with our licensee and reviewing the terms of our licence agreement with Closer France.'

A judicial source said: ‘The complaint is about a breach of private life, and the complainants are Prince William and the Duchess. A first hearing will be held at Nanterre TGI on Monday, in the late afternoon.

‘They will not have to attend, but a Paris barrister will be representing them, along with other members of their legal team.’

It means that Laurence Pieau, the editor of Closer, and the photographers involved in taking the pictures, could receive a year in prison and a maximum fine of 45,000 euros.

However, Mrs Pieau insisted that she would fight any legal action, saying : ‘These photos are not in the least bit shocking.’

Daily Mail photographer Bruce Adams said the chateau was clearly visible from the opposite side of the valley from where the pictures were believed to have been taken.



'There is a public road that goes down one side of the valley and the chateau is on the opposite side.

'We could not believe how easy it was to see the chateau because normally these kind of places are hidden away. It was quite surprising how open and unsecure the location was.'

It is not the first time Kate has turned to the courts where she has felt her privacy has been invaded.

In 2009 when still William's girlfriend she was photographed playing tennis on Christmas Eve while on holiday in Cornwall and the image was syndicated by a picture agency to foreign media outlets.

The Duchess later won £5,000 in damages and an apology from Rex Features for invasion of privacy.



The 'furious' Royal couple were forced to put a brave face as they attended a tea party held in their honour in Kuala Lumpur today.



Earlier, a spokesman for the couple told Mail Online: '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.

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.

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

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

LEGAL ACTION COULD PREVENT OTHER MAGAZINES FROM BUYING PICTURES

Not wanted: Despite PR guru Max Clifford saying the pictures of the Duchess of Cambridge could become one of the most expensive sets ever sold, many experts in the trade now say the legal action could prevent anybody else from buying them News that the Royal couple are taking legal against the publishers of Closer magazine in France has not surprised those in the industry.

Despite PR guru Max Clifford saying today that the pictures of the Duchess of Cambridge could become one of the most expensive sets ever sold, many experts in the trade now say the legal action could prevent anybody else from buying them.

Closer Magazine in France, which has no link to the British title - which has issued a statement saying it would never publish such images - is believed to have paid quite a small amount for them but they are being offered across the globe to anyone interested.

What is for sure is there is no appetite whatsoever for British titles to use them.

Max Cisotti, who has worked and run some of Britain's biggest picture agencies, says the photographs are so controversial they may not sell anywhere - particularly in light of the legal action.

He said: 'It does not surprise me that the Duke and Duchess of Cambridge are taking legal action. It might make it a bit less palatable for other countries which were considering buying them if the Palace is being so heavy-handed.

'The nature of the backlash against the pictures is so strong that it might put off countries that were sitting on the fence or just waiting to see what the reaction was before purchasing.'

Mr Cisotti said he believes the magazine does 'not have a leg to stand on' because the pictures were taken while the couple were on private property.

However, he said the magazine would have expected and possibly budgeted for this legal action. 'For certain, the Duke and Duchess of Cambridge are going to win. But it is not as bad as getting sued here.

'French magazines get sued every other week. It is part and parcel of magazines in France because you are not allowed to photograph anybody without their consent whether on private or public property.'

Mr Cisotti said if the Royal couple win, the magazine can expect to pay out 15,000 Euros in damages to the couple as well as their legal costs.

Max Clifford said the whole incident will bring back terrible memories for Prince William.

'You have to remember Prince William lost his mother in France 15 years ago, partly because of the actions of the paparazzi,' he said.

'I hope the Royal Family sues the photographer and the magazine that has printed them. It is the only way to stop it.

'If snappers are going to end up out of pocket, rather than make huge sums, they will think twice about pulling off this sort of thing in future. Kate had every right to believe she could sunbathe topless where she was, without being the victim of prying eyes.

'But the whole issue does raise the question of security once more, especially coming so soon after the furore over Prince Harry in Las Vegas.

'But there will be plenty of publications around the world eager to get their hands on them, and they could be worth anything up to £1 million.'



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.

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.



Pensive: Kate looked beautiful as usual but despite an incredible show of strength, at times she looked very thoughtful about the day's events

Ms Pieau said the magazine obtained the pictures after discovering where the couple were staying.

She told French radio station Europe 1: 'The terrace (of the chateau) was completely visible from the road.

'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.

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.

A source at French Closer, which claims to be the country's leading women's 'people' magazine, said its website would be carrying the topless pictures too.

But in conflicting reports, U.S. entertainment website Radar Online said the site had already removed the pictures in response to the legal threat.

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

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. Pictures have already surfaced on the continent of the couple sunbathing, where the Duchess was wearing a skimpy bikini. Visit: Kate at the Kranji Memorial in Singapore as part of her and William's 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

A blurb accompanying the racy pictures published by the French magazine 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 source told the Mail: 'It is impossible to tell at this stage whether the photographs are genuine or indeed purport to show what the magazine claims, so we are having to wait and see what transpires.'

But there can be little doubt of the magnitude of their anger and disgust if the publication does indeed publish such intimate pictures.

When photographs taken of Prince Harry partying naked a girl in his Las Vegas hotel room were sold to a US website last month they caused a worldwide internet sensation, even though only one newspaper in the UK chose to publish them.

The timing of publication could not be worse as the Cambridges are almost midway though a hugely successful tour on behalf of the Queen to celebrate her Diamond Jubilee. They arrived in Singapore on Tuesday and are currently in Malaysia before travelling onto Borneo and then the South Pacific. Malaysia is a largely Muslim country with laws on public decency which makes the timing even more awkward.

The pictures were clearly taken on private property using cameras with extremely long lenses, which means no British newspaper would publish them.

Picturesque: The scented climbers and pot plants in the garden at the chateau

Sweet smell: The lavender fields at the chateau, a 19th century hunting lodge owned by Viscount Linley

Outside dining: A table on the terrace where the royal couple have a glorious view of the huge estate

But rather like the photographs of Prince Harry, it seems that there is little St James's Palace can do about them - such as taking out an injunction to stop their publication.

All the palace will be able to do is express their anger and disgust.

The photographs were taken at the magnificent Chateau D'Aulet, set in 640 acres of rolling countryside and surrounded by fields of lavender.

Close to the medieval village of Viens, it is owned by Viscount Linley, the Queen's nephew and his wife Serena.

Although it is their private holiday residence it can be rented out by wealthy holidaymakers and can house 17 people in four separate properties.

It is based around a 19th Century hunting lodge, which the Viscount, who makes bespoke furniture, lovingly restored.

It also also has a heated swimming pool, tennis court and a spacious terrace with an al fresco dining area and magnificent views across miles of countryside.

The lodge was bought by the Linleys in 1999 after they were introduced to the area by Peter Mayle, the author of the bestselling book A Year in Provence.



William and Kate were staying at the secluded Chateau D'Autet, which is set in 640 acres of A website promoting the property as a holiday destination states that 'its uniqueness is peace and quiet' and claims 'during your stay you need never leave the property'.



The French version of Closer magazine was launched in June 2005 as an sister title to the British Closer, which is owned by UK publishing company Emap.

It was sold in August 2006 to Mondadori France, a subsidiary of an Italian company, and now sells around 400,000 copies a week.

VIDEO: Editor who printed the pictures says there is more they did not publish