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Morocco takes Pegasus defamation case to Germany’s highest court
Morocco is pursuing a legal battle against German media outlets over allegations linked to the Pegasus spyware controversy, with the case now reaching Germany’s Federal Court of Justice (Bundesgerichtshof) in Karlsruhe. The court will hear arguments on November 11, marking a significant legal test regarding whether foreign states can sue for defamation under German law.
Escalating a high-stakes legal dispute
The controversy stems from 2021 reports by Zeit Online and Süddeutsche Zeitung, which accused Moroccan security services of using the Israeli-developed Pegasus spyware to surveil European political figures, including French President Emmanuel Macron and former European Council President Charles Michel. Morocco has categorically denied the allegations, asserting that it never acquired Pegasus software and labeling the claims as attempts to tarnish its international reputation.
The investigative reports were part of a consortium led by Forbidden Stories, with technical collaboration from Amnesty International’s Security Lab. These findings alleged that Pegasus had been used to infiltrate smartphones belonging to journalists, activists, and politicians. Amnesty International’s lab examined 37 devices, confirming 23 successful infections and traces of attempted attacks on the remainder. Citizen Lab, a Canadian cybersecurity research group, independently verified these findings.
Despite these claims, Morocco filed lawsuits in 2021 against the publications, aiming to prevent further accusations. However, its legal efforts faced setbacks when the Hamburg Regional Court (Landgericht) and the Hanseatic Higher Regional Court (Hanseatisches Oberlandesgericht) ruled that foreign states cannot invoke personal rights protections under German defamation law.
Legal precedent at stake
The Hamburg courts reasoned that “foreign states do not belong to the group of legal subjects protected by defamation offenses” and lack a general right to personality under German law. This interpretation effectively denied Morocco legal standing to pursue its claims, prompting it to escalate the matter to Germany’s top civil court.
The Pegasus spyware, developed by Israeli company NSO Group, is reportedly capable of exploiting vulnerabilities to monitor communications, track movements, and access data on smartphones. NSO Group has denied targeting specific individuals, including Macron, and keeps its client and target lists confidential.
Although the Pegasus revelations sparked global scrutiny, Morocco maintains that it was unfairly implicated. The Spanish government, for example, excluded Morocco from its espionage section in the 2023 Annual National Security Report, despite earlier allegations during a diplomatic crisis with Madrid.
The Federal Court of Justice to decide a groundbreaking issue
The Sixth Civil Senate of the Bundesgerichtshof, specializing in personal rights, will now determine whether foreign states can seek defamation protections under German law. German jurisprudence has historically held that even the German state itself lacks the right to honor protection. No Supreme Court ruling has yet clarified whether this principle applies to foreign governments.
The upcoming decision could set a major legal precedent in the balance between media freedom and the reputational rights of foreign states, potentially influencing future international defamation disputes.