In a landmark legal decision, the High Court has ordered Saudi Arabia to pay more than £3 million in damages to a London-based dissident whose mobile phones were targeted with Pegasus spyware. Judge Pushpinder Saini delivered the judgment on Monday, finding the kingdom responsible for both the cyber-espionage and a physical assault on the activist.
Compensation for Psychiatric Harm and Physical Attack
Judge Saini ruled that Ghanem al-Masarir, a 45-year-old satirist also known as Ghanem al-Dosari, is entitled to compensation for significant psychiatric harm. This distress followed his discovery that his iPhones had been hacked, alongside a violent incident outside Harrods in central London in 2018. The judge stated there was "a compelling basis for concluding that the claimant's iPhones were hacked by Pegasus spyware, which resulted in the exfiltration of data from those mobile phones, and that this conduct was directed or authorised by the KSA [kingdom of Saudi Arabia] or agents acting on its behalf."
Motivation Behind the Targeting
Saini further determined, on the balance of probabilities, that Saudi Arabia was behind the physical attack on al-Masarir. The judge noted, "The KSA had a clear interest in and motivation to shut down the claimant's public criticism of the Saudi government." Al-Masarir's YouTube channels, which have amassed over 300 million views, have been a platform for his satirical critiques.
A Long and Painful Chapter
Following the ruling, al-Masarir expressed that it "brings a long and painful chapter to a close. It affirms that standing up for the truth, no matter how powerful the opponent, is worth the struggle." He added, "No amount of money can undo what I have suffered, but I hope the Kingdom of Saudi Arabia will now do the right thing and comply with this judgment, without the need for further enforcement action."
Legal Setback for Saudi Arabia
This ruling represents a rare legal defeat for Saudi Arabia. The kingdom had attempted to have the case dismissed on grounds of state immunity, but this argument was rejected by the High Court in 2022. After losing an appeal, Saudi Arabia ceased participation in the proceedings. This outcome contrasts with a US lawsuit involving Crown Prince Mohammed bin Salman, which was dismissed due to sovereign immunity despite credible allegations of involvement in Jamal Khashoggi's murder.
Grossly Intrusive Conduct
Judge Saini described Saudi Arabia's actions as "grossly intrusive" and unjustified. It was established that al-Masarir's devices were infected with Pegasus spyware, manufactured by the Israeli company NSO Group, following analysis by the Citizen Lab in 2018. Legal action commenced the subsequent year.
The judge emphasised the severity of the privacy invasions, stating it "effectively converted these smartphones into 'bugging' devices which secretly transmitted huge amounts of his data and information on every aspect of his life to a hostile state." Seven years after being targeted, al-Masarir continues to suffer from severe depression, is unable to work or perform basic daily activities, and rarely leaves his home.
Vindication for the Victim
Sapna Malik, a partner at Leigh Day law firm representing al-Masarir, remarked that the judgment "vindicates our client for seeking to hold the KSA to account. The grossly intrusive conduct, by which huge amounts of our client's data and information on every aspect of his life were secretly transmitted to it, has had a profound and long lasting impact on him."
Global Implications
Ron Deibert, founder and director of the Citizen Lab, highlighted the broader significance: "For years, victims of targeted espionage and transnational repression have lacked an avenue for justice. Thankfully, the United Kingdom's courts have provided just such an avenue. We applaud the judgment wholeheartedly." He added, "Ghanem's experiences mirror those experienced by citizens the world over – being targeted by autocratic governments armed with sophisticated mercenary spyware tools whose aim is to hack, track and ultimately silence their voices."
