A Legal Firewall: How a UK Court Stripped Saudi Arabia of Immunity in Landmark Pegasus Spyware Case

In a landmark ruling, a UK court has stripped Saudi Arabia of state immunity in a lawsuit brought by a satirist hacked with Pegasus spyware. The decision sets a major precedent, opening a new legal front for holding foreign governments accountable for transnational repression and cyber-espionage.
A Legal Firewall: How a UK Court Stripped Saudi Arabia of Immunity in Landmark Pegasus Spyware Case
Written by Emma Rogers

LONDON—In a decision sending tremors through the opaque world of state-sponsored cyber-espionage, a British court has delivered a significant victory to a prominent Saudi satirist, Ghanem Almasarir. The U.K. Court of Appeal ruled that the Kingdom of Saudi Arabia cannot invoke the legal shield of state immunity to dismiss a lawsuit alleging it deployed sophisticated spyware to hack into Mr. Almasarir’s personal phones while he was living in London.

The judgment carves out a critical new legal pathway for holding foreign governments accountable for digital attacks that inflict harm on individuals within the United Kingdom’s borders. For Mr. Almasarir, a sharp critic of the Saudi government who has built a massive following with his satirical YouTube show, the ruling means his case for damages can finally proceed to a full trial, potentially exposing the inner workings of the kingdom’s alleged campaign of transnational repression.

A Precedent-Setting Challenge to Sovereign Power

At the heart of the legal battle was the State Immunity Act of 1978, a law that generally protects foreign countries from being sued in U.K. courts. Lawyers for Saudi Arabia argued that the deployment of spyware was an official act of the state and therefore shielded from legal challenge. However, the Court of Appeal judges sided with Mr. Almasarir’s legal team, agreeing that the alleged hacking fell under a specific exception to the act: actions by a foreign state that cause “personal injury” inside the U.K. Crucially, the court accepted the argument that the severe psychological distress and fear caused by the constant surveillance constituted a form of personal injury.

This interpretation is a watershed moment in international law. As detailed in a report by The Guardian, the ruling effectively establishes that a digital intrusion originating from abroad but causing psychiatric harm to a person on U.K. soil can pierce the veil of sovereign immunity. The decision opens the door for other victims of state-sponsored hacking to seek justice in British courts, transforming London into a potential new front in the global fight against digital authoritarianism.

The Digital Trail from Riyadh to London

Mr. Almasarir’s ordeal began when he suspected his devices were compromised. A detailed forensic investigation confirmed his fears. Researchers at Citizen Lab, a globally recognized cybersecurity watchdog based at the University of Toronto’s Munk School of Global Affairs, discovered traces of Pegasus spyware on two of his iPhones. According to a Citizen Lab report on a similar case, Pegasus is a powerful tool of surveillance sold by the Israeli cyber-arms dealer NSO Group. Once installed, it can turn a phone into a 24/7 surveillance device, granting the attacker complete access to the target’s messages, calls, camera, microphone, and location data.

The spyware is designed for stealth, often infecting a phone through a “zero-click” exploit that requires no interaction from the user. For Mr. Almasarir, the discovery was chilling confirmation that his private life, conversations with sources, and work as a human rights activist were being monitored in real-time by agents of the very state he criticized. His lawyers argued that this intense surveillance was not a passive act but an intentional infliction of psychological harm, a position the court has now validated.

From Online Threats to Physical Assault

The digital harassment was allegedly accompanied by physical violence. In August 2018, Mr. Almasarir was attacked by two men near the luxury department store Harrods in central London. He was punched and kicked in what he has consistently described as a targeted assault orchestrated by Saudi agents. The timing of the attack, which occurred during the period he was being monitored with Pegasus, is a key element of his legal claim. His lawyers contend the surveillance was instrumental in planning and executing the physical assault, directly linking the digital intrusion to the violence on London’s streets.

The connection between digital surveillance and physical threats is a hallmark of modern transnational repression, where authoritarian regimes use technology to extend their reach far beyond their borders to silence dissent. This case brings that dynamic into sharp focus, forcing a legal system to grapple with how to adjudicate harms that begin in cyberspace and manifest in the physical world. The court’s willingness to hear the case suggests a growing recognition of this dangerous fusion of digital and physical threats, as reported by outlets like Middle East Eye, which has closely followed the legal proceedings.

A Global Pattern of Repression and Espionage

Mr. Almasarir’s case is not an isolated incident but part of a wider, well-documented pattern of behavior. The use of Pegasus spyware by various governments, including Saudi Arabia, has been extensively reported. An investigation by a consortium of news outlets known as The Pegasus Project revealed a list of more than 50,000 phone numbers selected for potential surveillance by NSO Group’s clients. The list included hundreds of journalists, activists, politicians, and business executives around the world. Associates of the murdered Washington Post columnist Jamal Khashoggi were also found to have been targeted before and after his death.

This global surveillance scandal has put immense pressure on NSO Group and the governments that use its products. NSO has maintained that its technology is sold exclusively to vetted government agencies for the purpose of combating serious crime and terrorism. However, evidence compiled by organizations like Amnesty International shows the tool has been repeatedly abused to undermine human rights and crush peaceful dissent. The U.S. government took the step of placing NSO Group on its trade blacklist in 2021, citing evidence that the company “developed and supplied spyware to foreign governments that used these tools to maliciously target” individuals.

The Thorny Questions of Accountability

The UK court ruling is a significant step forward, but the path to full accountability remains long and complex. The decision does not find Saudi Arabia guilty; it merely permits the lawsuit to be heard. The kingdom could still choose not to participate in the proceedings, which would likely result in a default judgment in Mr. Almasarir’s favor but could complicate the enforcement of any damages awarded. Nonetheless, the procedural victory forces the allegations into the open within a respected legal forum, creating a public record of the evidence and compelling a judicial examination of the kingdom’s actions.

The case highlights a critical gap in international governance. While the sale of conventional weapons is subject to various treaties and controls, the multi-billion dollar private spyware industry operates in a regulatory grey zone. As the Associated Press noted in its coverage, this legal victory in the U.K. could inspire similar lawsuits in other jurisdictions, creating a patchwork of legal precedents that slowly begins to hold both the spyware companies and their state clients to account. It signals that for victims of digital persecution, the courtroom may offer a new and powerful form of defense.

Implications for a Digitally Interconnected World

Ultimately, the legal battle being waged by Ghanem Almasarir in London carries implications far beyond his personal quest for justice. It probes the fundamental question of where a state’s sovereignty ends in an age where digital weapons can be deployed across borders with the click of a button. The ruling suggests that when those weapons cause tangible harm to an individual, the legal system of the country where the victim resides has a right to intervene, regardless of who launched the attack.

As the case proceeds, it will be watched closely by intelligence agencies, human rights lawyers, and technology firms globally. The outcome could help define the rules of engagement in the 21st century, establishing that the shield of state immunity has its limits and that the rule of law can be adapted to protect individuals from the long arm of digital authoritarianism. For dissidents and activists worldwide, it offers a glimmer of hope that even the most powerful states can be held accountable for their actions in cyberspace.

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