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On March 10, 2024, Kate Middleton posted a photograph of herself
and her three children to celebrate Mother’s Day in the
United Kingdom. This was the first photograph released of Kate
following a reported abdominal surgery which gave rise to a number
of conspiracy theories about her whereabouts and wellbeing. After
the photo was posted, online sleuths quickly deduced that the image
had been altered, prompting an apology from Kate for her
“experiment with editing”.
While this editing may have been easily spotted, other altered
images are not as easily identified. As AI technology grows in
popularity, so does the concern about people’s ability to
discern which images are real and which are edited. The legal
system places great importance on ensuring the integrity of
evidence presented in court. Much like the online sleuths with Kate
Middleton’s photograph, the courts take steps to verify the
authenticity of photographs. Without knowing it, the public has
applied many of those steps in their investigation of Kate
Middleton’s photo:
- Chain of custody: Before the admissibility of
a photograph is considered, the chain of custody is established.
This means documenting the path the photograph takes from the
moment it is captured to its appearance in court. This is the
essential piece of information that we don’t know in Kate
Middleton’s case. We don’t know who took the
photograph, when it was taken, or who else handled the photo other
than Kate before it was posted online. - Metadata examination: Metadata is information
embedded in digital photographs that details the camera settings,
date, and time of capture. When such an investigation is taken in
the legal system, forensic experts are often relied on to examine
the metadata. With the photo of Kate Middleton, some but not all of
the metadata was available. The available data established that the
photograph was shot on a Canon 5D Mark IV and edited twice on a
2022 version of Photoshop, although what edits were made could not
be determined. Similarly, the location of the photograph was
established (Adelaide Cottage, Kate and William’s
family’s home in Windsor) but not the date it was taken. If
this photo was submitted to the court, this data would raise a red
flag that would prompt further investigation. - Expert testimony: In court, digital forensic
experts are called upon to analyze the photo for signs of
manipulation. The general public has scrutinized Kate
Middleton’s photo, but the information they have is limited.
Forensic experts would use specialized software on the photograph
to detect alternations. - Comparison with originals: With Kate
Middleton’s photo, the public has called on Kensington Palace
to release the unedited version of the photo. The Palace has
refused. This has been contrasted by Prince Harry and Meghan
Markle’s photographer, who produced the original version of
their pregnancy announcement photo when it came under scrutiny. The
original photo confirmed that the only change that had been made
was adding a black-and-white grade to the original coloured photo.
Kensington Palace’s refusal to release the unedited version
of Kate Middleton’s Mother’s Day photo has fuelled the
scandal. This would not be tolerated in a Canadian court of law if
a photograph is to be admitted. - Testimony from the photographer: Neither
Kate Middleton nor Kensington Palace has advised who took the
Mother’s Day photo of Kate and her children. Likely, if the
photographer comes forward as they did with Prince Harry and Meghan
Markle’s scrutinized photo, much of the controversy could be
put to rest. In court, the testimony of the photographer can add
credibility to the photograph’s authenticity by confirming
the details surrounding the capture.
The importance of authentic photographic evidence
Canadian courts are committed to maintaining the integrity of
the judicial process. Ensuring that photographs admitted into
evidence have not been tampered with is critical. On the
information the public currently has, Kate Middleton’s
Mother’s Day photograph would not be admissible in a Canadian
court. All evidence indicates that the photograph has been altered,
without confirmation as to how it has been edited or the production
of the original image. It would fail the verification process.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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