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German justice has ruled in favor of the press in a case brought by Morocco. In a decision issued on February 24, 2026, the Federal Court of Justice (BGH) dismissed Morocco’s appeals against articles published by Zeit Online and Süddeutsche Zeitung concerning the Pegasus spyware. The judges held that a foreign state does not have the right to sue German media outlets for defamation.
In July 2021, the two publications released investigations into the alleged use of spyware developed by the Israeli company NSO to monitor political leaders, lawyers, and journalists. Moroccan intelligence services were mentioned among those suspected of targeting certain individuals, including French President Emmanuel Macron. Rabat has consistently denied the allegations, stating that it is neither a client of NSO nor a user of the software.
Before the courts, Morocco argued that the reports had harmed its reputation and dignity as a state. After its claims were dismissed at first instance and on appeal in Hamburg, the case was ultimately rejected by the Sixth Civil Senate of the BGH.
The high court ruled that a state cannot invoke the general right of personality, which is reserved for individuals. It further found that a state does not enjoy a legally protected right to «reputation» under German civil law. The judges also rejected any claim to protection under criminal provisions related to insult.
The editorial teams welcomed the ruling as «important for press freedom and investigative journalism». Morocco, through its lawyer, expressed regret over the decision, arguing that it deprives foreign states of legal avenues to defend themselves against information they consider inaccurate.
