The recent legal case of R (Phillips) v Secretary of State for Foreign, Commonwealth and Development Affairs [2024] EWHC 32 (Admin) has ignited a contentious debate pertaining to the intersection of financial sanctions and freedom of expression. This particular case revolves around the actions of Graham Phillips, a British national and video blogger renowned for sharing content from the Donbass region while dressed in Russian military attire. Phillips asserts that his content serves as a “counterbalance” to the portrayal of the Ukraine situation in Western media, although the Administrative Court has ruled to the contrary.
In summary, the Court determined that Phillips was functioning as a propagandist for Russia and consequently, lawfully subjected to a sanctions regime resulting in the freezing of his assets. This ruling stemmed from his vocal advocacy for the Russian invasion of Ukraine, as well as his production and dissemination of content supportive of the invasion and military operations.
Despite the sanctions, Phillips persisted in sharing content, including a video depicting the summary execution of an unarmed Ukrainian soldier. Additionally, he conducted an interview with a UK national imprisoned by Russian forces while serving in the Ukrainian Armed Forces. The Court intervened to remove the video due to its breach of the Geneva Convention on the treatment of prisoners of war.
The legal basis for the imposition of sanctions on Phillips was extensively explored by the Court. It was determined that the Secretary of State possessed statutory authority to implement sanctions in accordance with the Sanctions and Anti-Money Laundering Act 2018. The Court concluded that Phillips’ activities warranted the imposition of sanctions, given his promotion and support of policies that disrupted Ukraine and undermined its sovereignty.
The Court’s assessment of the proportionality of the sanctions imposed on Phillips entailed a comprehensive examination of his fundamental rights to freedom of expression, respect for private and family life, and the peaceful enjoyment of his possessions. Despite the asset freeze significantly impeding Phillips’ ability to conduct his personal affairs, the Court deemed the sanctions justified due to the foreign policy objective of encouraging Russia to cease actions destabilising Ukraine.
Moreover, the Court underscored the potential impact of Phillips’ designation, emphasising that it was part of a broader initiative to diminish Russia’s propaganda capabilities and convey a message to individuals who might otherwise propagate Russian propaganda.
The case has raised significant inquiries regarding the balance between legitimate political dissent and illegitimate propaganda, as well as the potential for sanctions to mitigate the dissemination of false information. The ongoing conflict in Ukraine has further complicated the situation, with Russia’s retaliatory measures against sanctions on its media outlets exposing the intricate nature of using sanctions to counteract false information.
In conclusion, the case of R (Phillips) has illuminated the intricate interplay between sanctions, freedom of expression, and foreign policy objectives. Its influence on future discourse concerning speech regulation in contentious geopolitical contexts remains to be seen.
Marina Wheeler KC, a barrister at 1 Crown Office Row, has contributed insightful analysis of the case and its broader implications. Her expertise in this field enriches the ongoing dialogue surrounding this pivotal legal ruling.
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