Prince Harry and Meghan Markle ‘could face legal action’ if they name family member who made alleged racist remark

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Prince Harry and Meghan Markle could face legal action if they decide to name the family member they allege made a racist comment about the colour of their son Archie's skin.

Meghan, 40, sensationally claimed during the couple's interview with Oprah Winfrey that there had been "concerns" about "how dark" their son Archie's skin may have been before he was born.

However, they refused to name the family member, saying it would be "very damaging to them," with Oprah later confirming it was not The Queen or Prince Philip.

But after reports that the couple had "considered" revealing the name of the family member, they have been warned by a top lawyer that it would be time for them royals to "step up" if they did.

Mark Stephens, who has previously represented James Hewitt, says if Meghan and Harry were to name the individual, they could sue for libel and breach of privacy.

He told Mail+: "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?

"The words may have had a racist overtone but were they intended in that way?"


He continued: "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."

Mark went on to explain how there is also a potential legal risk as the accusation currently stands because "you can defame a group by not saying who said it."

He added: "The royal approach until very recently has been to never complain and never explain but they have moved away from that so I do wonder.

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"They will have to step up on them at some point, as long as they go uncontroverted some people will believe the truth of them."

Mark's comments come after the epilogue from an updated version of their unauthorised biography Finding Freedom – written by Omid Scobie and Carolyn Durand – has leaked, with the claims of them considering naming the royal within the new text.

Meghan said in the interview – which has since been nominated for an Emmy Award – of her pregnancy with Archie: "In those months when I was pregnant, we had in tandem the conversations of him not being given security or a title, and also concerns about how dark his skin might be when he's born.

"They didn't want him to be a prince or princess, not knowing what the gender would be, which would be different from protocol, and that he wasn't going to receive security."

The book also claims that Prince William was left "furious" by the televised interview, but Meghan found it "cathartic" and "liberating".

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