Budapest Post

Cum Deo pro Patria et Libertate
Budapest, Europe and world news

British judge rules dissident can sue Saudi Arabia for Pegasus hacking

British judge rules dissident can sue Saudi Arabia for Pegasus hacking

Ghanem Almasarir’s victory opens way for other hacking victims in UK to bring cases against foreign governments

A British judge has ruled that a case against the kingdom of Saudi Arabia brought by a dissident satirist who was targeted with spyware can proceed, a decision that has been hailed as precedent-setting and one that could allow other hacking victims in Britain to sue foreign governments who order such attacks.

The case against Saudi Arabia was brought by Ghanem Almasarir, a prominent satirist granted asylum in the UK, who is a frequent critic of the Saudi royal family.

At the centre of the case are allegations that Saudi Arabia ordered the hacking of Almasarir’s phone, and that he was physically assaulted by agents of the kingdom in London in 2018.

The targeting and hacking of Almasarir’s phone by a network probably linked to Saudi Arabia was confirmed by researchers at the Citizen Lab at the University of Toronto, who are considered among the world’s leading experts in tracking digital surveillance of dissidents, journalists and other members of civil society.

Saudi Arabia is known to be a former client of NSO Group, whose powerful Pegasus hacking software covertly penetrates and compromises smartphones.

Almasarir praised the decision, emphasising the “profound effect” the kingdom’s alleged assault and spyware had had on his life.

“I no longer feel safe and I am constantly looking over my shoulder. I no longer feel able to speak up for the oppressed Saudi people, because I fear that any contact with people inside the kingdom could put them in danger. I look forward to presenting my full case to the court in the hope that I can finally hold the kingdom to account for the suffering I believe they have caused me,” he said.

Saudi Arabia’s attempt to have the case dismissed on the grounds that it had sovereign immunity protection under the State Immunity Act 1978 was dismissed by the high court judge.

The Guardian and other media outlets have reported on the Saudis’ extensive previous use of NSO’s Pegasus spyware in cases around the world, including researchers’ findings that the kingdom had targeted a close associate of the murdered journalist Jamal Khashoggi who was living in Canada, journalists for US and Qatari news outlets, and dissidents and human rights activists.

In the ruling, against which Saudi Arabia is likely to appeal, Justice Julian Knowles found that Almasarir’s case could proceed under an exception to the sovereign immunity law that applies to any act by a foreign state that causes personal injury. He also found that Almasarir had provided enough evidence to conclude, on the balance of probabilities, that Saudi Arabia was responsible for the alleged assault. Saudi Arabia’s claim that the case was too weak or speculative to proceed was dismissed.

Almasarir was represented by Ida Aduwa, associate solicitor at Leigh Day. “Today’s judgment sets a powerful precedent for other cases brought against foreign governments for the alleged use of spyware on individuals in the UK. I hope this judgment will serve as a beacon of hope to those individuals who have been targeted, that foreign governments cannot necessarily hide behind state immunity in these types of cases,” Aduwa said.

The decision could have profound implications for other individuals targeted or hacked by NSO’s spyware within the UK.

They include Lady Shackleton and Princess Haya, the former wife of Dubai’s ruler Sheikh Mohammed bin Rashid al-Maktoum. Both were hacked by the sheikh using NSO spyware during lengthy court proceedings between Haya and her former husband in London.

When Pegasus is successfully deployed against a target, it can silently infect any mobile phone, allowing the operator of the spyware to intercept calls and text messages, including those on encrypted apps, such as Signal or WhatsApp. It can track a mobile phone user’s location, and also control its camera and recorder, in effect turning the phone into a listening device.

The decision represented a validation of the research by Citizen Lab, which has provided evidence in similar cases in other courts, including in Haya’s case.

Citizen Lab’s senior legal adviser, Siena Anstis, said: “The high court’s dismissal of the KSA’s application is fantastic news for victims of digital transnational repression in the UK and represents an important first step along the way towards greater accountability. I also hope this decision serves as a wake-up call for the US or other jurisdictions where state immunity may still be used by authoritarian regimes to block these kinds of cases and leave spyware victims without judicial recourse.”

Saudi Arabia was represented by Antony White QC and Michelle Butler of Matrix Chambers. White and Butler did not immediately respond to the Guardian’s request for comment.

NSO has also not responded to a request for comment.

AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
Newsletter

Related Articles

0:00
0:00
Close
Satirical Sketch Sparks Political Spouse Feud in South Korea
Indonesia Quarry Collapse Leaves Multiple Dead and Missing
South Korean Election Video Pulled Amid Misogyny Outcry
Asian Economies Shift Away from US Dollar Amid Trade Tensions
Netflix Investigates Allegations of On-Set Mistreatment in K-Drama Production
US Defence Chief Reaffirms Strong Ties with Singapore Amid Regional Tensions
Vietnam Faces Strategic Dilemma Over China's Mekong River Projects
Malaysia's First AI Preacher Sparks Debate on Islamic Principles
Meta and Anduril Collaborate on AI-Driven Military Augmented Reality Systems
Russia's Fossil Fuel Revenues Approach €900 Billion Since Ukraine Invasion
Alcohol Industry Faces Increased Scrutiny Amid Health Concerns
U.S. Goods Imports Plunge Nearly 20% Amid Tariff Disruptions
Italy Faces Population Decline Amid Youth Emigration
Trump Accuses China of Violating Trade Agreement
OpenAI Faces Competition from Cheaper AI Rivals
Foreign Tax Provision in U.S. Budget Bill Alarms Investors
Russia Accuses Serbia of Supplying Arms to Ukraine
Gerry Adams Wins Libel Case Against BBC
EU Central Bank Pushes to Replace US Dollar with Euro as World’s Main Currency
U.S. Health Secretary Ends Select COVID-19 Vaccine Recommendations
Trump Warns Putin Is 'Playing with Fire' Amid Escalating Ukraine Conflict
India and Pakistan Engage Trump-Linked Lobbyists to Influence U.S. Policy
U.S. Halts New Student Visa Interviews Amid Enhanced Security Measures
Trump Administration Cancels $100 Million in Federal Contracts with Harvard
SpaceX Starship Test Flight Ends in Failure, Mars Mission Timeline Uncertain
King Charles Affirms Canadian Sovereignty Amid U.S. Statehood Pressure
EU Majority Demands Hungary Reverse Anti-LGBTQ+ Laws
Top Hotel Picks for 2025 Stays in Budapest Revealed
Iron Maiden Unveils 2025 Tour Setlist in Budapest
Chinese Film Week Opens in Budapest to Promote Cultural Exchange
Budapest Airport Launches Direct Flights to Shymkent
Von der Leyen Denies Urging EU Officials to Skip Budapest Pride
Alcaraz and Sinner Advance with Convincing Wins at Roland Garros
EU Ministers Lack Consensus on Sanctioning Hungary Over Rule of Law
EU Nations Urge Action Against Hungary's Pride Parade Ban
Putin's Helicopter Reportedly Targeted by Ukrainian Drones
U.S. Considers Withdrawing Troops from Europe
Russia Deploys Motorbike Squads in Ukraine Conflict
Critics Accuse European Court of Human Rights of Overreach
Spain Proposes 100% Tax on Non-EU Holiday Home Purchases
German Intelligence Labels AfD as Far-Right Extremist
Geert Wilders Threatens Dutch Coalition Over Migration Policy
Hungary Faces Multiple Challenges Amid EU Tensions and Political Shifts
Denmark Increases Retirement Age to 70, Setting a European Precedent
Any trade deal with US must be based on respect not threats', says EU commissioner
UK Leads in Remote Work Adoption, Averaging 1.8 Days a Week
Thirteen Killed in Russian Attacks Across Ukraine
High-Profile Incidents and Political Developments Dominate Global News
Netanyahu Accuses Western Leaders of 'Emboldening Hamas'
Ukraine and Russia Conduct Largest Prisoner Exchange of the War
×