Prominent Perth lawyer John Hammond said the girls embroiled in the infamous Botanica bathroom video wouldn't have a leg to stand on if they tried to sue the woman who filmed them.
A video, which emerged on Monday, shows a group of girls trashing the bathroom at the Botanica bar, hurling toilet roll everywhere while one woman did a suggestive dance with a bin on her head.
The woman, who is seen dancing with the bin in the clip, said she was considering legal action against the person who filmed it.
Mr Hammond said the girls would have to make a complaint to the police, who could then prosecute the woman who filmed them under the Surveillance Devices Act.
The act restricts the recording and publication of private conversations and telephone conversations, without the consent of the parties.
"Arguably there could be a prosecution, but under the Surveillance Devices Act you're not allowed to film what people would expect to be a private activity," Mr Hammond told Radio 6PR on Thursday.
"Now were those girls carrying out a private activity in the public toilets? Possibly not ... I think there would be a good defence for any prosecution that is brought.
"And secondly should a prosecution be brought anyway?"
Mr Hammond said any prosecution against the woman who filmed the girls would be a waste of taxpayers' money.
"The test is, are they engaging in a private activity?" he said.
"I think no, they were acting like lunatics in the toilets. I'm sure the owners of Botanica weren't impressed with the mayhem caused in their toilets and all the rubbish that had to be cleaned up.
"I think if you are dancing in the toilets and putting waste paper bins on your head that other people want to use, it's hardly private."
Mr Hammond said there was a famous video from 2008, called Cottesloe Girls Gone Wild, where a bunch of boozed-up woman thrash around a dance floor.
He said unlike the Botanica video, the girls in the Cottesloe clip don't trash a bathroom.
"That has quite an amusing element to it because it had young ladies engaging in a very wild dance," he said.
"Everyone does that when they are young and some do it when they are older. I mean that was just a crazy dance and a lot of people thought it was funny.
"The difference with the Botanica incident is that things were getting thrown around, nothing was getting cleaned up."
By Wednesday evening, the Botanica girls gone wild footage had been viewed online more than 250,000 times.
