By: Mike Hosking | Tuesday, September 18, 2012 7:30 AM

There is no doubt the photos of the Duchess of Cambridge involve a breach of privacy and a pretty spectacularly large one. But here’s her problem, or her lawyers’ problem - given she’s a global figure. Any legal action will need to be fought under the separate jurisdictions of the countries in which they are potentially published.

Any given victory, if they manage to achieve one, will have what’s called a chilling effect. In a nutshell it means although the finding or ruling doesn’t necessarily apply to another country, it can and will be used as evidence and a good strong part of your argument. Therefore you might want to think twice about doing something you’ll probably end up paying for.

But there’s the other problem - those that involve themselves in this business rarely mind paying. I mean publishing a few topless photos is not a hacking scandal. A hacking scandal ruins lives, brands, reputations and closers papers. A set of famous breasts merely adds to the publication’s notoriety for being in the business of cheap crap from which they not only profit but revel in. That’s of course before you get to the internet which as far as I can work out answers to no real court and given the speed at which it moves makes it too late anyway.

So what to do? Well the great hope in cases like these is a greater understanding and appreciation of privacy law which I have discovered over the years due to participation in a small legal matter of my own really doesn’t exist. Privacy law is woefully lacking in most western countries and what law there is has holes in it a mile wide.

The real hope, the thing that can make a real difference is demand. If no one paid for the pictures because they knew that no one would be interested, then you’ve solved your problem overnight. That would rely on a couple of groups coming to the party. Firstly the publishers but I hold out little hope in that department. History tells us the print industry is littered with low renters who pay scant regard to decency or privacy or any sort of social norm so let’s not hold our breath. The rest of us have a real role. If the publishers paid a fortune and counted on that fortune and then some being recouped by increased sales and those sales didn’t come because we weren’t playing their dumb game, then guess what would happen and guess how quickly it would happen.

So the answer lies with us. In a way they make money and invade people’s privacy because we can’t help ourselves. Surely at least some of us would like to think that’s something we could do something about.

Photo: Getty Images