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Desmond set to close Irish Daily Star after Kate photos published

This article is more than 11 years old
Newspaper proprietor, whose Northern & Shell co-owns paper, is convinced he has power to shut down whole operation
Irish Daily Star editor Michael O'Kane defends his decision to publish topless photos of the Duchess of Cambridge sunbathing while on holiday in France ITN

Newspaper owner Richard Desmond took steps on Saturday to close the Irish Daily Star, as he reacted angrily to its publication of the topless pictures of the Duchess of Cambridge sunbathing while on holiday in France.

The paper had been condemned by St James Palace after it ran 13 pictures of the duchess along with an image of French Closer magazine, which first published the pictures on its front cover.

Desmond is convinced he has the power to shut down the whole operation, given that he owns the British title. Insiders believe he has already instructed lawyers to begin the necessary legal action to terminate publication. Its website remained down on Saturday evening. Desmond's company, Northern & Shell, co-owns the Irish Daily Star with the Dublin-based Independent News & Media (INM).

Desmond said: "I am very angry at the decision to publish these photographs and am taking immediate steps to close down the joint venture. The decision to publish these pictures has no justification whatever and Northern & Shell condemns it in the strongest possible terms."

Desmond was not informed of the decision by the newspaper's editor, Michael O'Kane, to publish the pictures of Prince William and his wife, Catherine, and was extremely upset when he discovered it had, despite the company initially saying it had no editorial control. He immediately distanced himself from the action. Northern & Shell issued a statement saying that the company abhorred the decision and was "profoundly dismayed".

A spokeswoman added: "We consider all aspects of privacy very carefully, and would never condone this action."

The editor of the Daily Star on Sunday, Gareth Morgan, launched an even stronger attack. He said: "We're absolutely horrified here in the office, and as a company. This has no merit as an editorial decision, it has no merit morally, it's frankly a horrible decision."

INM's management has changed since its joint venture was agreed with Northern & Shell. Its former chief executive, Gavin O'Reilly, has gone and a source said that Desmond is disenchanted with the new structure.

INM also distanced itself from the paper's actions. It said in a statement: "The decision by the Irish Daily Star to republish pictures of the Duke and Duchess of Cambridge from the French magazine Closer was regrettable and in poor taste. Independent News and Media had no prior knowledge of the decision to publish."

Desmond spoke after St James's Palace denounced the publication of the photos in France as "grotesque and totally unjustifiable", adding: "There can be no motivation for this action other than greed."

The palace has sought to dissuade others from using the pictures by launching legal action against Closer after it printed four pages of the shots showing the couple at the Château d'Autet in Provence.

The move to publish in the Republic of Ireland, which would seem in breach of the UK editors' code of practice relating to privacy, came after the editor of Italian gossip magazine Chi announced he was to use 30 previously unseen topless shots over 24 pages under the headline "The Queen is Naked" on Monday.

The royal couple could sue the Irish Daily Star in Britain because it is owned by a media company with some of its assets in the UK, an Irish legal expert said on Saturday.

Peter Preston, the Observer's media commentator, said: "The Daily Star sells over 64,000 in the Republic. It's a big player, signed up to honour and obey the Irish press ombudsman who so impressed Lord Justice Leveson."

Preston said there were ramifications from printing the pictures "far beyond the simple point that Irish law is not English – or French – law where privacy is concerned".

"How many cases can the Prince of Wales – expensively, slowly – mount? How many extra copies of overseas magazines or papers will be sold on the back of them? It's all an object lesson in hoping that old law can manage new sorts of crisis. And that it's high, digital time to move on."

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