Sana Hameed v Shanzay Shahbaz Sheikh

Sana Hameed v Shanzay Shahbaz Sheikh

The WhatsApp message, with or without the attendance and court orders, conveyed to the reasonable reader that the claimant was the person behind the @gossip_girl_lahore page, had acted reprehensibly, was deserving of derision, and was under investigation by the FIA for possible criminal offences. The statements were defamatory at common law. The court and attendance orders, when published with the message, reinforced the identification and the implication of criminal suspicion. Absolute privilege did not apply to their publication in this context.

Parties
Claimant: Ms Sana Hameed; Defendant: Ms Shanzay Shahbaz Sheikh
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Defamation (libel) / Preliminary Hearing on Meaning of Publications
Outcome
Preliminary determination of meaning; no final disposition on liability or damages.
Legal Topics
Libel, Meaning of Publication, Social Media Publications, Absolute Privilege, Identification in Defamation, Misuse of Private Information
Defamation Media Law Libel Meaning of Publication Social Media Publications Absolute Privilege Identification in Defamation Misuse of Private Information

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Parties

Ms Sana Hameed

Claimant

Ms Shanzay Shahbaz Sheikh

Defendant

Procedural Posture

Civil Defamation (libel) / Preliminary Hearing on Meaning of Publications

Legal Issues

  1. 1 What is the natural and ordinary meaning of the WhatsApp message and related social media publications?
  2. 2 Do the publications refer to and defame the claimant?
  3. 3 Does absolute privilege apply to the publication of court and attendance orders in this context?

Ratio Decidendi

The WhatsApp message, with or without the attendance and court orders, conveyed to the reasonable reader that the claimant was the person behind the @gossip_girl_lahore page, had acted reprehensibly, was deserving of derision, and was under investigation by the FIA for possible criminal offences. The statements were defamatory at common law. The court and attendance orders, when published with the message, reinforced the identification and the implication of criminal suspicion. Absolute privilege did not apply to their publication in this context.

Court Disposition

Preliminary determination of meaning; no final disposition on liability or damages.

Orders

  • Claimant to apply for permission to rely on misuse of private information claim within 21 days if so advised.
  • Defence to be filed within 14 days of determination of that application, or if no application, within 14 days of expiry of the time limit for making the application.