At a Glance
- £3 million in damages awarded to the satirist.
- Court found that Saudi government-grade spyware Pegasus targeted his phone.
- Saudi Arabia’s claim of state immunity was rejected.
Ghanem Al-Masarir is a London-based comic and human rights activist who has built a large YouTube following by criticizing Saudi Arabia. On Monday, the London High Court awarded him more than £3 million ($4.1 million USD) in damages after finding “compelling evidence” that his phone had been hacked with government-grade spyware. The ruling also rejected Saudi Arabia’s assertion that it was immune from prosecution.
Legal Outcome
The judgment, delivered by Justice Pushpinder Saini, stated that the hacking was “directed or authorised” by the Saudi government or its agents.
“There is a compelling basis for concluding that [al-Masarir’s] iPhones were hacked by Pegasus spyware which resulted in the exfiltration of data from those mobile phones,” wrote Justice Pushpinder Saini in his ruling.
The judge also concluded that the Saudi government was probably responsible for the physical assault that Al-Masari endured in London in 2018. Because the court found that the state was involved, it could not rely on the immunity defense that Saudi Arabia had successfully used in the Khashoggi murder case.
Background of the Case
Al-Masari sued the Saudi government in 2019, alleging that his iPhone was targeted a year earlier with Pegasus, a mobile spyware sold by NSO Group exclusively to governments. He also claimed that Crown Prince Mohammad bin Salman’s agents staged the 2018 assault on him in London. The case is the first time a court has ruled that a sovereign state can be held liable for the use of state-grade surveillance tools against a private individual.
The Role of Pegasus
Pegasus is designed to infiltrate smartphones, exfiltrate data, and provide real-time surveillance. The London High Court‘s decision relied on “compelling evidence” that Pegasus had accessed Al-Masari’s phone and that data was extracted. The ruling highlights that the use of such spyware can be actionable if it is carried out by a state or its agents.
Implications for State Immunity
Saudi Arabia’s claim of state immunity was rejected after the court found that the government was directly involved in the hacking and assault. This decision contrasts with the earlier case where the Saudi leader was cleared of responsibility for the murder of journalist Jamal Khashoggi. The London High Court‘s ruling may influence how other states handle allegations of state-grade surveillance against critics.
Current Status
It remains unclear whether Saudi Arabia will pay the damages or appeal the decision. A spokesperson for NSO Group did not respond to News Of Philadelphia‘s request for comment, and neither did a spokesperson for the Saudi Embassy in Washington D.C. The case has drawn attention to the legal risks of using spyware against outspoken critics.
Key Takeaways
| Item | Detail |
|---|---|
| Damages | £3 million ($4.1 million USD) awarded |
| Spyware | Pegasus used by Saudi agents |
| Legal Precedent | State immunity can be challenged |
| Next Steps | Uncertain payment or appeal |
