Monitoring Report
LONDON
British-Pakistani PTI activist Shayan Ali’s defamation claim against Pakistani TV – seeking nearly £100,000 in damages – is progressing towards trial at the High Court in London, with a key hearing expected to take place within a few days, according to court records.
The proceedings are with regard to a Pakistani TV channel broadcast aired on 2 April 2022, which alleged that Shayan Ali had attempted to attack former prime minister Nawaz Sharif outside the Pakistan Muslim League-N office near Hyde Park and had thrown a mobile telephone which struck and injured a security guard.
Shayan has consistently and strongly denied the allegations. He maintains that he did not attack Nawaz Sharif, did not throw his telephone and was recording a video outside the PML-N office when the incident occurred. No arrest was made and Shayan was not charged in connection with the alleged incident.
Shayan subsequently complained to Ofcom, the United Kingdom’s broadcasting regulator. Ofcom ruled in favour of Shayan and found that News channel had failed to take reasonable care to ensure that material facts were not presented, disregarded or omitted in a manner that was unfair to him.
The regulator also found that channel had not demonstrated that it provided Shayan with a timely and appropriate opportunity to respond to the serious allegation that he had attempted to attack Nawaz Sharif and had injured a security guard. Ofcom concluded that Shayan had been treated unfairly in the programme as broadcast.
The News report alleged that Nawaz Sharif was leaving the temporary headquarters of the Pakistan Muslim League-N near Hyde Park when Shayan, who it claimed was already present as part of a plan, misbehaved and attempted to approach him. The report alleged that when security guards tried to stop Shayan, he became aggressive and threw his telephone towards Nawaz Sharif, striking a security guard on the forehead and causing an injury. It further reported that Nawaz Sharif was rushed into his vehicle while the injured security guard was taken to hospital.
Shayan argues that the broadcast presented the allegations as established facts and portrayed him as a criminal, causing serious damage to his reputation among viewers in the United Kingdom, Pakistan and elsewhere.
Following the Ofcom decision, Shayan issued proceedings in the High Court seeking damages, an apology and other appropriate relief. He contends that Dunya News broadcast serious and defamatory allegations without providing him with a proper opportunity to respond.
According to court documents, the case is expected to require a trial lasting at least one week. A judge is expected to consider the future conduct and progression of the proceedings at a hearing in few days. The High Court has not yet determined liability or the substantive claims made by either party.
Shayan is represented by Spencer Williams and Mughal. TV is represented by Hemingways Solicitors. The broadcaster has filed a defence and disputes Shayan’s claim.
Ian Hemingway, said: “I can confirm that the legal proceedings are continuing in the High Court. In the circumstances, it would be inappropriate to comment any further. When the claim has concluded we would be happy to confirm the outcome to you.”
Shayan Ali’s lawyer said: “As the matter is before the High Court, we cannot comment further but are confident that justice will prevail.”
Shayan rose to public prominence through his political activism against the PMLN and participation in protests supporting Pakistan Tehreek-e-Insaf and former Prime Minister Imran Khan. The 20-year-old activist is also set to graduate next month with an LLB degree from Royal Holloway, University of London.
