The Kate Middleton topless photos are the grossest invasion of privacy

If you buy into the worst kind of paparazzi antics, you are throwing away your own privacy too.

The royal boobs have apparently been seen. It might seem comical, or silly, or daft, a discussion that prompts sniggering and adolescent chortles. But with every fresh photo set there's a testing of boundaries going on and a new stripping away of privacy - not just of celebrities, but of all of us.

I haven't seen the photos. Why would I want to? Many media commentators have begun their discussion with a sadfaced confession: Yes, I have seen the royal breasts, I forced myself through professional necessity to look at them, like a surgeon inspecting a bundle of diseased organs.

Well no, not me. I have no interest in seeing sneaked photos of someone in private - the photographs of Kate were apparently taken while she and William were on holiday at Viscount Linley's chateau in France. Now, I don't go round on Weston Beach, say, gawping at other people's bodies, so why should I do so at home? If someone wants to walk around in their pants, so what? It's no business of mine. Let them live their lives.

Imagine walking around with a normal pocket camera, asking to take photos of someone on the beach. You wouldn't. Because you'd feel like a pervert. Because you would be. Add on a long lens and a hide, though, and suddenly this behaviour somehow becomes acceptable - acceptable enough for a magazine to pay for your dirty photos.

It's a slightly different situation from the Prince Harry pictures. He, the dozy fool, was mucking about in a Las Vegas suite the size of Blackpool, and got snapped by an onlooker. He, the buffoon (sorry, I mean the Brave Boy Battling the Taliban, having entirely coincidentally gone on a PR-boosting tour of duty since) may have been in a private space, but wasn't exactly acting in a way that didn't attract attention.

Kate, on the other hand, is not being drunk, not partying, not mucking about, but just standing there, I'm led to believe. What justification can there be for that? We all know human beings have holidays. This Kate incident has all the nasty hallmarks of the worst excesses of the paparazzi: the sneaking in bushes, the enormous long lenses, the grainy photos, the popular trashy press lapping it up.

Lapped up in France, at least. Closer magazine proudly declared that William and Kate were alone on a romantic holiday: "Well, almost. Closer was there!" Can you imagine a British magazine using such a jolly tone, post Diana?

In Britain, the dead-tree press have voluntarily agreed not to print photos of Kate other than at public engagements - not as a sop to the chilling effects of nasty Brian Leveson, by the way, but to keep things sweet with Buckingham Palace. So this is another example of national borders and old media being pretty meaningless when it comes to breaking stories.

For once, our press will be doing the right thing, though not just because it's the right thing to do. There's no public interest. There is no value other than curiosity and prurience. There is no reason for anyone to see those photos, which are a huge violation of privacy.

But how many of us are going to have a sneaky look at the photos? That's the telling factor. Searches for "Kate Middleton t*pless photos" are probably soaring into the stratosphere as I write this. People want to see. How soon before the lines get blurred again between "things people want to see" and "things which are genuinely in the public interest"? We may all claim the moral high ground, but how many of us can resist the temptation?

Royal flesh makes money. From Prince Charles's cock to Harry's bum and Kate's boobs, it seems we think we're entitled to a piece of them. I've written before about the expectations placed upon Kate, as the uterus on legs, with the maiden-aunt nation demanding she become pregnant immediately.

I don't think we are, because they're just people. Massively wealthy, privileged people, but people. So what if they have bodies, like every other person in the world? They don't belong to us.

One day it's Kate, the next it might be you with a lens hidden half a mile away taking pictures of what you're up to. If you buy into the celebrity photos, you're throwing away your own privacy.

A nice, non-invasive, picture of the Duchess of Cambridge. Photograph: Getty Images
Patrolling the murkier waters of the mainstream media
Getty.
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The Brexit Beartraps, #2: Could dropping out of the open skies agreement cancel your holiday?

Flying to Europe is about to get a lot more difficult.

So what is it this time, eh? Brexit is going to wipe out every banana planet on the entire planet? Brexit will get the Last Night of the Proms cancelled? Brexit will bring about World War Three?

To be honest, I think we’re pretty well covered already on that last score, but no, this week it’s nothing so terrifying. It’s just that Brexit might get your holiday cancelled.

What are you blithering about now?

Well, only if you want to holiday in Europe, I suppose. If you’re going to Blackpool you’ll be fine. Or Pakistan, according to some people...

You’re making this up.

I’m honestly not, though we can’t entirely rule out the possibility somebody is. Last month Michael O’Leary, the Ryanair boss who attracts headlines the way certain other things attract flies, warned that, “There is a real prospect... that there are going to be no flights between the UK and Europe for a period of weeks, months beyond March 2019... We will be cancelling people’s holidays for summer of 2019.”

He’s just trying to block Brexit, the bloody saboteur.

Well, yes, he’s been quite explicit about that, and says we should just ignore the referendum result. Honestly, he’s so Remainiac he makes me look like Dan Hannan.

But he’s not wrong that there are issues: please fasten your seatbelt, and brace yourself for some turbulence.

Not so long ago, aviation was a very national sort of a business: many of the big airports were owned by nation states, and the airline industry was dominated by the state-backed national flag carriers (British Airways, Air France and so on). Since governments set airline regulations too, that meant those airlines were given all sorts of competitive advantages in their own country, and pretty much everyone faced barriers to entry in others. 

The EU changed all that. Since 1994, the European Single Aviation Market (ESAM) has allowed free movement of people and cargo; established common rules over safety, security, the environment and so on; and ensured fair competition between European airlines. It also means that an AOC – an Air Operator Certificate, the bit of paper an airline needs to fly – from any European country would be enough to operate in all of them. 

Do we really need all these acronyms?

No, alas, we need more of them. There’s also ECAA, the European Common Aviation Area – that’s the area ESAM covers; basically, ESAM is the aviation bit of the single market, and ECAA the aviation bit of the European Economic Area, or EEA. Then there’s ESAA, the European Aviation Safety Agency, which regulates, well, you can probably guess what it regulates to be honest.

All this may sound a bit dry-

It is.

-it is a bit dry, yes. But it’s also the thing that made it much easier to travel around Europe. It made the European aviation industry much more competitive, which is where the whole cheap flights thing came from.

In a speech last December, Andrew Haines, the boss of Britain’s Civil Aviation Authority said that, since 2000, the number of destinations served from UK airports has doubled; since 1993, fares have dropped by a third. Which is brilliant.

Brexit, though, means we’re probably going to have to pull out of these arrangements.

Stop talking Britain down.

Don’t tell me, tell Brexit secretary David Davis. To monitor and enforce all these international agreements, you need an international court system. That’s the European Court of Justice, which ministers have repeatedly made clear that we’re leaving.

So: last March, when Davis was asked by a select committee whether the open skies system would persist, he replied: “One would presume that would not apply to us” – although he promised he’d fight for a successor, which is very reassuring. 

We can always holiday elsewhere. 

Perhaps you can – O’Leary also claimed (I’m still not making this up) that a senior Brexit minister had told him that lost European airline traffic could be made up for through a bilateral agreement with Pakistan. Which seems a bit optimistic to me, but what do I know.

Intercontinental flights are still likely to be more difficult, though. Since 2007, flights between Europe and the US have operated under a separate open skies agreement, and leaving the EU means we’re we’re about to fall out of that, too.  

Surely we’ll just revert to whatever rules there were before.

Apparently not. Airlines for America – a trade body for... well, you can probably guess that, too – has pointed out that, if we do, there are no historic rules to fall back on: there’s no aviation equivalent of the WTO.

The claim that flights are going to just stop is definitely a worst case scenario: in practice, we can probably negotiate a bunch of new agreements. But we’re already negotiating a lot of other things, and we’re on a deadline, so we’re tight for time.

In fact, we’re really tight for time. Airlines for America has also argued that – because so many tickets are sold a year or more in advance – airlines really need a new deal in place by March 2018, if they’re to have faith they can keep flying. So it’s asking for aviation to be prioritised in negotiations.

The only problem is, we can’t negotiate anything else until the EU decides we’ve made enough progress on the divorce bill and the rights of EU nationals. And the clock’s ticking.

This is just remoaning. Brexit will set us free.

A little bit, maybe. CAA’s Haines has also said he believes “talk of significant retrenchment is very much over-stated, and Brexit offers potential opportunities in other areas”. Falling out of Europe means falling out of European ownership rules, so itcould bring foreign capital into the UK aviation industry (assuming anyone still wants to invest, of course). It would also mean more flexibility on “slot rules”, by which airports have to hand out landing times, and which are I gather a source of some contention at the moment.

But Haines also pointed out that the UK has been one of the most influential contributors to European aviation regulations: leaving the European system will mean we lose that influence. And let’s not forget that it was European law that gave passengers the right to redress when things go wrong: if you’ve ever had a refund after long delays, you’ve got the EU to thank.

So: the planes may not stop flying. But the UK will have less influence over the future of aviation; passengers might have fewer consumer rights; and while it’s not clear that Brexit will mean vastly fewer flights, it’s hard to see how it will mean more, so between that and the slide in sterling, prices are likely to rise, too.

It’s not that Brexit is inevitably going to mean disaster. It’s just that it’ll take a lot of effort for very little obvious reward. Which is becoming something of a theme.

Still, we’ll be free of those bureaucrats at the ECJ, won’t be?

This’ll be a great comfort when we’re all holidaying in Grimsby.

Jonn Elledge edits the New Statesman's sister site CityMetric, and writes for the NS about subjects including politics, history and Brexit. You can find him on Twitter or Facebook.