Shakil-Ur-Rahman v ARY Network Ltd & Anor

Factual and Procedural Background

The Plaintiff is the Group Chief Executive and Editor in Chief of a major media group operating in Pakistan and the United Kingdom through two UK companies. The Plaintiff’s family has longstanding ties to the UK media industry dating back to 1971. The Defendants are a UK company licensed by OFCOM broadcasting Urdu language channels, including one channel that aired a current affairs programme between August 2012 and May 2015. The Plaintiff alleges that the Defendants conducted a sustained campaign of abuse and defamation against him over a twelve-month period starting October 2013, through multiple broadcasts accusing him of serious misconduct including treason and blasphemy.

The Plaintiff brought claims in defamation and harassment based on these broadcasts. The Defendants are commercial rivals of the Plaintiff’s media group. The litigation involved detailed rulings on the meanings of the broadcasts and the applicability of defences such as justification and qualified privilege. The defences of justification and fair comment were struck out shortly before trial. No evidence was presented by the Defendants at trial. Judgment was reserved pending consideration of damages and other remedies.

Legal Issues Presented

1. Whether the broadcasts made by the Defendants were defamatory of the Plaintiff.
2. Whether the Defendants’ conduct amounted to harassment under the Prevention of Harassment Act 1997.
3. Whether the Defendants could successfully rely on defences such as justification, fair comment, or qualified privilege.
4. Whether the Plaintiff had suffered serious harm to reputation as required by the Defamation Act 2013 for broadcasts after 1 January 2014.
5. How to assess damages for multiple defamatory publications with overlapping allegations.
6. Whether the harassment claim could succeed given the Plaintiff’s residence outside the jurisdiction during much of the conduct.

Arguments of the Parties

Plaintiff's Arguments

• The Defendants mounted a deliberate, persistent campaign of abuse and defamation against him through multiple broadcasts.
• The broadcasts included serious allegations of treason, blasphemy, and conspiracy with foreign intelligence agencies, all of which were false.
• He was personally targeted and ridiculed, including through symbolic gestures such as an empty chair implying cowardice and the use of patronising titles.
• He sought to clear his name substantively and was prepared to meet any defence of truth or justification on the merits.
• The broadcasts caused serious harm to his reputation within the UK jurisdiction and distress to him and his family.
• The harassment claim was supported by the nature and persistence of the broadcasts, which were oppressive and unreasonable.

Defendants' Arguments

• The Defendants relied on defences of qualified privilege based on duty/interest, reply to attack, and fair and accurate reporting of legal proceedings or government publications.
• They contended that some broadcasts failed the statutory threshold of serious harm under the Defamation Act 2013.
• They argued that other publications and conduct outside the UK jurisdiction were more likely to have caused damage to the Plaintiff’s reputation, challenging causation.
• They submitted that the harassment claim should fail because the Plaintiff was outside the jurisdiction and thus could not have been harassed within it.
• No substantive defence was pleaded for six of the broadcasts and defences of justification and fair comment were struck out prior to trial.
• They did not present evidence or attend trial, and maintained the allegations despite the absence of supporting evidence.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Jameel (Yousef) v Dow Jones Inc [2005] QB 946	Abuse of process doctrine in defamation claims	Considered as a test for striking out claims where harm is not caused by the defendant’s publications
Dingle v Associated Newspapers Ltd [1964] AC 371	Restrictions on admitting evidence of other defamatory publications for mitigation	Applied to exclude evidence of other publications damaging Plaintiff’s reputation when assessing damages
Scott v Sampson (1881-82) LR QBD 491	Prohibition on reliance on individual acts of claimant for mitigation of damages	Confirmed that such evidence is inadmissible in mitigation
Pamplin v Express Newspapers [1988] 1 WLR 116	Use of evidence adduced for truth defence in assessing claimant’s reputation	Not applicable here as truth defence was struck out
Tsikata v Newspaper Publishing Plc [1997] EMLR 117	Limits on statutory privilege for reports of court proceedings	Applied to reject privilege defence where broadcast was not a fair and accurate report of proceedings
Rogers v Nationwide News [2003] HCA 52	Defence of qualified privilege for reports of court proceedings	Applied to reject privilege where broadcast was independent interview, not a report
Reynolds v Times Newspapers [2001] 2 AC 127	Responsible journalism test for qualified privilege	Referenced to highlight difficulty in meeting duty/interest privilege defence
Blackshaw v Lord [1984] QB 1	Duty and interest privilege in defamation	Applied to reject outdated duty/interest privilege defence
Hamilton v Clifford [2004] EWHC 1542 (QB)	Limits on reply to attack privilege	Used to reject reply to attack defence where attack was unrelated or irrelevant
Field v Local Sunday Newspapers [2002] EWHC 336 (QB)	Limits on reply to attack privilege	Applied similarly to Hamilton
Baldwin v Rusbridger [2001] EMLR 47	Reply to attack privilege requires connection to original attack	Referenced to reject privilege where no genuine reply to attack
Hayward v Thompson [1982] QB 47	Discretion in awarding damages for multiple libels	Guided the court’s approach to awarding a single lump sum for multiple publications
John v MGN Ltd [1997] QB 586	Defamatory statements affecting core attributes of claimant	Referenced to support the serious nature of allegations
Cairns v Modi [2013] 1 WLR 1015	“Grapevine effect” of broadcasts causing reputational harm	Applied to consider indirect harm through community spread of allegations
Majrowski v Guy's and St Thomas's NHS Trust [2007] 1 AC 224	Threshold for harassment claims under Prevention of Harassment Act 1997	Considered in assessing seriousness and nature of harassment
Trimingham v Associated Newspapers Ltd [2012] EWHC 1296 (QB)	Test for oppressive and unreasonable conduct amounting to harassment	Applied to determine whether broadcasts crossed threshold for harassment
Jones v DPP [2011] 1 WLR 833	Relationship between criminal and civil liability for harassment	Referenced regarding standards of proof and scope of harassment tort
Ferguson v British Gas [2010] 1 WLR 785	Relationship between criminal and civil harassment wrongs	Referenced to clarify scope of civil harassment tort
Howlett v Holding [2006] EWHC 3758 (QB)	Awareness element in harassment claims	Noted that some acts may be unknown to claimant at the time
Galloway v Frazer [2016] NIQB 7	Jurisdictional considerations for harassment claims	Considered in relation to impact within jurisdiction
R v ZN [2013] 1 WLR 3900	Requirement of impact on victim for criminal intimidation	Analogised to harassment requiring impact within jurisdiction

Court's Reasoning and Analysis

The court undertook a detailed analysis of each broadcast, relying heavily on a prior judgment that identified the defamatory meanings and separated fact from comment. The court found no credible defence to the serious allegations, including treason, conspiracy with foreign intelligence agencies, blasphemy, and obstruction of justice. Defences of justification and fair comment were struck out, and qualified privilege defences were rejected due to lack of genuine duty or interest, absence of fair and accurate reporting, and failure to meet the criteria for reply to attack privilege.

The court carefully considered causation and the scope of harm attributable solely to the Defendants’ broadcasts within the UK jurisdiction, excluding damage caused by other publications or conduct outside this jurisdiction. It acknowledged the “grapevine effect” whereby broadcasts could cause reputational harm indirectly through community dissemination.

Regarding harassment, the court accepted that the broadcasts constituted a persistent, oppressive, and unreasonable course of conduct. However, the Plaintiff’s residence outside the jurisdiction during the broadcasts meant that the harassment tort was not complete because the necessary impact within the jurisdiction was lacking. The court distinguished harassment from defamation on this basis, noting that harassment requires awareness and impact on the claimant within the jurisdiction.

In assessing damages for the multiple libels, the court adopted a single global award approach due to significant overlap among the defamatory publications. It took account of aggravating factors such as the persistence of the campaign and the absence of any apology or withdrawal by the Defendants. The award was calibrated to vindicate the Plaintiff’s reputation fairly without double recovery, mindful of concurrent proceedings elsewhere.

Holding and Implications

The court awarded judgment for the Plaintiff on the libel claims in the sum of £185,000, recognizing the serious and persistent defamatory campaign waged against him through the Defendants’ broadcasts within the UK jurisdiction.

The harassment claim was dismissed on the basis that the Plaintiff was not within the jurisdiction during the broadcasts and therefore the requisite impact for harassment was not established.

The decision vindicates the Plaintiff’s reputation within the UK and compensates for the harm and distress caused by the defamatory broadcasts. No new legal precedent was established, but the judgment clarifies the application of defamation and harassment principles in the context of cross-jurisdictional media litigation and the limits of harassment claims where the claimant is absent from the jurisdiction.

The court reserved consideration of consequential remedies such as injunctions or publication of the judgment summary.