Meghan Markle and Prince Harry would have faced legal action from their own family had they named the "royal racist", a leading solicitor has explained.
Mark Stephens CBE, the former representative for James Hewitt, claims that had the individual been named they may have been able to sue for libel and breach of privacy, and the Royal Family "will have to step up" on dealing with the Sussexes.
The Duchess of Sussex told Oprah Winfrey during the couple's bombshell interview in March that a senior royal had made racist comments about Archie Harrison's skin tone before he was born but declined to name the individual responsible.
However, an updated chapter to the couple’s unauthorised biography Finding Freedom, by Omid Scobie and Carolyn Durand, claims that the couple initially considered naming the family member.
Stephens explained in Mail Online: "First of all the exact words that were said would have to be identified, and the context they were made in. Was it racist or was it just an inquiry?
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"The words may have had a racist overtone but were they intended in that way?
"Essentially what you will find is that the individual, if named, may have been able to sue for libel and breach of privacy if it was a private conversation between two individuals where there was a reasonable expectation of privacy and for the contents of the conversation not to be shared with a third party, the media."
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He also added that there is a potential legal risk as the accusation currently stands because "you can defame a group by not saying who said it."
But it is unlikely that the couple will face legal action any time soon as Stephens believes the "royal way" is to "never complain and never explain."
The Daily Star has approached the Duke and Duchess of Sussex for comment.
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