Judgment Approved by the court for handing down.
Ismaik v Fadaat Media
would readily notice and grasp. Without descending into the lawyerly technicalities
of the test for prosecution (in the UK or elsewhere), an ordinary reader would easily
in such a context understand that prosecution is being distinguished from conviction
here; it reflects a prosecution authority’s decision that it has enough reason to put to a
case to court for trial and determination of criminal guilt, not necessarily that a
defendant must be understood to be guilty – in its opinion or at all. No timeline or
historical perspective is given, so in my view, the ordinary and natural imputation
here is that Mr Ismaik was prosecuted but not convicted in a major money laundering
case (either because he was acquitted or because the trial has yet to conclude).
35.
In my view, the natural and ordinary meaning of this allegation is that:
Mr Ismaik was prosecuted in a major money laundering case.
That is an allegation of fact at Chase level 2: there were reasonable grounds to suspect
him of having done what he was alleged to have done, otherwise the matter would not
have got as far as prosecution. The article does not say what part he was alleged to
have played in that case, whether he was prosecuted alone or with others, when he
was prosecuted, or anything else. But on any basis, an allegation of reasonable
grounds to suspect involvement in ‘major’ money laundering, whatever that
involvement might have been, is clearly defamatory. It is an allegation of grounds for
suspecting at least complicity in a grave violation of the criminal law, which would
undoubtedly significantly lower a person in others’ estimation.
(iv) The ‘image reshaping’ allegation
36.
The second paragraph tells the reader Mr Ismaik has ‘naturally’ been ‘busy reshaping
his image’ by making donations to the poor and to students and by supporting
foundations. He had acquired great wealth and was ‘attempting to create a new
image’. In particular, he is said to have ‘used the paid search facilities of Google for
the purposes of self-promotion and to hide court rulings and prosecutions he had been
subject to.’ This is said to be ‘understandable’ enough, given the two criminal
allegations (conviction and prosecution) and an attempt to improve his image.
37.
There is not a great distance between the parties as to the natural and ordinary
meaning of this allegation, but Mr Ismaik fears it conveys an imputation that he is
‘deceptive and dishonest’, hiding his past criminal cases and producing a publicly
misleading impression of who he is.
38.
I am clear an ordinary reader of this article would not be so naïve as to think powerful
and wealthy individuals and bodies as a general rule have any practice of full online
disclosure, or that there is any shared societal expectation that they do or should. On
the contrary, ordinary readers know that everyone is free to try to influence, so far as
they can and want to, what is searchable online about them, and that high-profile
individuals may be both strongly motivated and well-resourced to do so. So I am not
persuaded there is a natural and ordinary imputation of deception or dishonesty in an
allegation that someone has ‘curated’ (to use a neutral term) their online presence as
delivered by the algorithms of search engines.
39.
Image control by the influential is a fact of contemporary life. It is well-known that
possibilities exist, whether or not for payment, to influence the outcome of search