Saudi Arabia told to pay £3 million in damages to hacked and assaulted dissident

Ghanem Al-Masarir, a satirist who has lived in England since 2003, claims Saudi officials or agents organised an assault on him in Knightsbridge, central London, in August 2018.

He also says the Kingdom of Saudi Arabia (KSA) infected his iPhones with surveillance software called Pegasus to monitor his communications and “track his precise location”, including just before the assault.

Pegasus, a “highly sophisticated spyware system” developed by the NSO Group, can intercept and record telephone calls and messages and covertly activate an infected phone’s camera and microphone without the user’s knowledge, the High Court previously heard.

Mr Al-Masarir brought legal action against the KSA over the assault and the use of Pegasus, which is sold only to state bodies.

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In a judgment on Monday, Mr Justice Saini ruled in his favour without a trial, finding that the KSA “has no real prospect” of defending allegations it was responsible for the hacking or assault.

He said: “In my judgment, there is 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 or agents acting on its behalf.”

The judge continued: “In my judgment, the claimant’s activities in criticising the Saudi government and the public profile he had thereby gained, particularly in Saudi Arabia, made him an obvious target for the KSA.”

The KSA had previously defended the case, arguing there is no evidence that it was liable for the alleged phone infection or that the assault was committed on the Kingdom’s behalf, and that it was entitled to state immunity.

However, after losing a Court of Appeal bid in August 2022, the KSA took “no part” in the proceedings.

In Monday’s ruling for a summary judgment, Mr Justice Saini said there was “no compelling reason” for the case to go to trial.

He continued: “The KSA has failed to serve a defence or to respond to this application and has breached multiple further orders. It appears unlikely to participate in the claim.

“Proceeding to trial would result in a wholly unnecessary use of court time and resources, and the unnecessary incurring of significant further costs.”

The judge awarded Mr Al-Masarir £3,025,662.83 in damages, including £100,500 for pain and suffering.

More than £2.5 million of the damages award was for lost future earnings, as Mr Al-Masarir previously had a “high degree of success” on YouTube, with a “lucrative and rising source of income” from the platform.

However, the court in London was told that his career on the platform has “effectively ended” because of the KSA’s targeting.

Following the ruling, Mr Al-Masarir said: “Today’s ruling 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.

“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.”

Sapna Malik, a partner at Leigh Day representing Mr Al-Masarir, said: “Today’s 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.

“We hope that the KSA will now promptly pay the compensation awarded to our client so that he may move forward with his life.”