Article on Espionage Allegations: German Federal Court of Justice Rules on Morocco's Lawsuit Against Media

The German Federal Court of Justice (BGH) in Karlsruhe issued a landmark ruling that significantly limits the ability of foreign states to sue German media. Presiding Judge Stephan Seiters announced on Friday the dismissal of the appeal by the Kingdom of Morocco against the editorial offices of "Süddeutsche Zeitung" and "ZEIT". Morocco had demanded that the court order the media to cease publication and publish corrections to articles from the summer of 2021. These reports, based on an investigation by a journalistic consortium, suggested that Moroccan intelligence services used the Israeli spyware Pegasus to surveil journalists and politicians worldwide.

„Der Staat hat weder eine persönliche Ehre noch ist er Träger eines allgemeinen Persönlichkeitsrechts.” — Presiding Judge at the German Federal Court of Justice (BGH), who announced the ruling. This key finding by the court means that a state as an abstract legal entity cannot seek legal protection against defamation in the same way as a natural person. The Hamburg court had previously dismissed Morocco's lawsuit, and the BGH merely confirmed this decision by refusing to admit the appeal. The ruling is final and closes the path for further appeals within the German justice system.

The Pegasus case erupted in 2021 when an international consortium of journalists revealed that spyware from NSO Group was used by governments to surveil political opponents, journalists, and activists. The list of potential targets included thousands of phone numbers worldwide, sparking a global scandal. In the German context, the BGH ruling is of fundamental importance for press freedom. It creates a significant procedural barrier for foreign governments that might want to use German courts to censor critical reporting. Press law in Germany strongly protects media against so-called SLAPP suits. For Morocco, the defeat at the BGH is another blow to its image in the ongoing international spy scandal that has lasted for years. The country consistently denies any involvement in using Pegasus. However, the ruling by Germany's highest court, published on Friday, provides strong support for the work of investigative journalists and their right to report on suspicions of abuse of power, even if they concern sovereign states.

Perspektywy mediów: Liberal and left-leaning newspapers emphasize the ruling as a triumph of freedom of speech over attempts by authoritarian regimes to intimidate the media, pointing to the broader problem of digital surveillance. Conservative and right-wing commentators may emphasize the need to protect diplomatic relations and the principle of non-interference, expressing concern that such rulings could complicate interstate relations. The BGH ruling, however, leaves open the question of the liability of individual officials. The court clearly noted that its ruling does not preclude the possibility of claims being pursued by specific natural persons who felt harmed by the publications. In practice, however, proving defamation by a high-ranking state official in connection with their public functions is extremely difficult given the high standard of protection for press criticism of authority. The ruling thus strengthens the position of the media as the fourth estate in a democratic state governed by the rule of law.