Bahrain spyware lawsuit can proceed after UK Supreme Court ruling
The UK Supreme Court rejected Bahrain’s state immunity bid, allowing two dissidents’ spyware damages claim to move toward trial.
By Daniel Okafor · Business Editor
3 min read
Britain’s Supreme Court has allowed a Bahrain spyware lawsuit brought by two dissidents living in the United Kingdom to continue, rejecting Bahrain’s effort to end the case on state immunity grounds. Al Jazeera reported, citing news agencies, that the 3-2 decision issued Monday clears the way for a trial over claims that Bahrain used surveillance software against the men while they were in Britain.
The case was filed by Saeed Shehabi, a journalist and founder of a Bahraini political party opposed to the Khalifa royal family’s rule, and Moosa Mohammed, a Bahraini refugee, according to Al Jazeera. They allege that Bahrain infected their computers in 2011 with FinSpy, a spyware tool described in the case as capable of recording keystrokes, tracking location and monitoring activity remotely.
Both men sued in London’s High Court in 2020 and are seeking damages for what Al Jazeera described as “psychiatric harm.” Bahrain has denied carrying out the hacking and argued that the alleged conduct happened outside UK jurisdiction, which it said should give it immunity from the lawsuit.
Can Bahrain be sued in the UK over spyware?
The Supreme Court said the claim can go forward because the alleged surveillance counted as conduct that took effect in the UK, according to Al Jazeera’s report on the judgment. The court found that the men and their computers were in Britain when the spyware allegedly operated, a key point in deciding whether Bahrain could rely on state immunity.
State immunity generally shields foreign governments from being sued in another country’s courts. The ruling limits that shield in this case by treating the alleged remote spying as an act connected to the UK, even if it was allegedly directed from abroad.
Bahrain had already lost the same immunity argument in earlier rounds of the litigation. Al Jazeera reported that London’s High Court rejected Bahrain’s position in 2023, and the Court of Appeal upheld that decision the following year before Bahrain took the dispute to the Supreme Court.
The Supreme Court’s ruling does not decide whether Bahrain hacked the men’s computers. It decides that the lawsuit can continue, leaving the disputed allegations for the next stage of the case.
Why the ruling matters for spyware cases
Al Jazeera reported that the judgment adds to a growing set of court battles over whether governments and surveillance companies can face claims in Western courts for spyware allegedly used against critics abroad. One related example cited in the report is WhatsApp’s continuing US lawsuit against NSO Group over Pegasus spyware.
Rights groups have long accused Bahrain of monitoring dissidents and journalists, according to Al Jazeera. The Supreme Court decision gives two UK-based Bahraini dissidents a chance to test their claims in court after years of litigation over whether the case could be heard at all.
This story draws on original reporting from Al Jazeera.