(Photo : Photo by Toby Melville - Pool/Getty Images)
Prince Harry and Meghan, and their baby son Archie Mountbatten-Windsor during their royal tour of South Africa on September 25, 2019 in Cape Town, South Africa.

Meghan Markle and Prince Harry filed an invasion of privacy lawsuit against paparazzi for taking photos of their son, Archie, at their California home.

The couple stepped back from the British royal family in January, first staying in Canada before moving to a gated community in Los Angeles.

Meghan and Prince Harry argue that the photos were likely taken with a drone or long-focus lens as the family stayed in their backyard in the Los Angeles area. This violates California's law against paparazzi, according to New York Times.

Markle and Prince Harry filed the lawsuit in Los Angeles Superior Court Thursday. In it, a John Doe was named, along with another "individual or business entity whose name is not currently known" who is allegedly shopping the photos taken by the first defendant.

Unknown Defendant

The suit admits that the couple does not know who is trying to sell the photos, so they were named "John Doe" in the legal document.

According to Deadline, the lawsuit claimed the photos were taken using drones and helicopters. Other than the aerial devices, photographers have also allegedly cut holes in their fence in as they tried to get pictures.

They are seeking to subpoena people who have knowledge about the "illegal" taking of photos of their son.

The lawsuit said the couple and their son has a "reasonable expectation of privacy" as they go about daily life in their home and private fenced-in yard.

The couple retained the lawyer Michael Kump, who also handled clients like Kim Kardashian West.

According to a statement by Kump to NBC News, the couple has the same right to privacy under the law as other residents of California.

Kump added that the Duke and Duchess of Sussex did so to protect their son's right to privacy and to stop the people who are trying to gain profit from the actions.

The lawsuit also added that Meghan and Prince Harry have tried to "stay out of the limelight" except when it is related to their work. But the photo that the couple is pointing to is "not news".

The suit added that it does not involve public interest and can be seen as harassment. "The sole point to taking and/or selling such invasive photos is to profit from a child," it said.

It also pointed out that when parents share photos of their children, it has the effect of reducing the "bounty on their children's heads". But it is unlike that when they want to stop people from gaining money from the photos.

"Simply put, it is the plaintiffs' choice when and how to share photos of their son," the document said.

The couple is worried that this one time will lead to even more harassment. They added that knowing the photos are held by an unknown adult is "disgusting and wrong".

Once the photographer and media outlet have been known, the couple can demand them to turn over all photos of their son that were not taken legally. They can also stop others who took the photos or shopped them.

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