Judgment Approved by the court for handing down.
[2025] EWHC 1170 (Admin)
AC-2024-LON-001310
HUSAIN v SRA
bear in mind the possibility that users will re-share the content you have
posted on their own social network, potentially leading to rapid sharing
with a huge number of users. Similarly, you cannot rely on your own
privacy settings to prevent the posting from being passed on by others.
Even if you do not identify yourself as a solicitor, anonymity is not
guaranteed; material which you post under a pseudonym may still be traced
back to you or you may be identified as a solicitor if you include a
photograph of yourself.
You should also consider carefully before retweeting an offensive
comment. Unless you refute the content, you will be at risk of being seen as
implicitly endorsing it. If it comes to your attention that a third party has
accessed your computer and posted an inappropriate comment in your name
on a social media network, you should take immediate steps to go online to
refute the comment. It is advisable in any event to regularly audit your
online presence to remove any material which makes you uncomfortable.”
22.
In 2019, the SRA published a Topic Guide entitled Use of social media and offensive
communications, which reminded solicitors that “we treat seriously communications
that are offensive, derogatory or inappropriate whether in nature, tone or content” and
that “regulatory action can be taken if the sender is identifiable as someone we regulate
(even if acting in a personal capacity) and the communication would tend to damage
public confidence”.
The allegations against Mr Husain
23.
There were three allegations against Mr Husain, which the Tribunal set out at the
beginning of its judgment:
“1.1: Between 27 September 2020 and 6 June 2021, he used his Twitter
account to publicly post antisemitic and/or inappropriate and/or offensive
comments and in doing so breached any or all of Principles 2, 5, and 6 of
the SRA Principles 2019.
1.2: Between 27 September 2020 and 6 June 2021, he used his Twitter
account to publicly post inappropriate and/or offensive comments and in
doing so breached any or all of Principles 2, 5, and 6 of the SRA Principles
2019.
1.3: On 13 and 16 December 2022, he sent inappropriate and/or offensive
emails to the SRA and in doing so breached any or all of Principles 2, 5,
and 6 of the SRA Principles 2019.”