The Harry Potter author has been named in a lawsuit alongside Elon Musk but Roddy Dunlop KC reckons they don’t need to worry about appearing in the dock

JK Rowling received a death threat in Gaelic. (Image: Getty)
JK Rowling criticised the inclusion of Imane Khelif in the women’s boxing at the Olympics

A top lawyer reckons the chances of JK Rowling appearing in the dock in relation to a case brought by Imane Khelif is “remote”. The Harry Potter author has been named in a lawsuit filed by the Algerian boxer, who won gold at the Paris Olympics.

The fighter’s presence in the competition sparked worldwide controversy after she was banned from competing in the world championships last year. Boxing’s governing body, the International Boxing Federation, deemed Khelif to be ‘biologically male, but Olympic bosses gave her the green light to compete in Paris.

One bout sparked particular anger when Italy’s Angela Carini quit after just 46 seconds following a brutal punch from Khelif, 25, who is said to have male ‘XY chromosomes’. Rowling, 59, along with the likes of Elon Musk, has been accused of “acts of aggravated cyber harassment” by Khelif in papers lodged with French authorities.

Elon Musk and JK Rowling could be handed five-year prison sentences and fined up to £214,000 if Olympic boxer Imane Khelif wins criminal cyberbullying case : r/Fauxmoi

It has led to a frenzy among trans activists who hope it could end with Rowling going to jail. But Scots lawyer Roddy Dunlop KC has poured cold water on the prospect.

The Dean of the Faculty of Advocates said Article 10 of the European Courts of Human Rights would scupper any case. Caveating that he is not an expert on French law, he posted on social media: “…France is bound by ECHR. Under Art10, freedom of expression is highly protected. Particular protection is given to the expression of opinions on matters of public interest.

“To get anywhere close to justifying interfering with that freedom, opinions would need to be based on untruths. That raises the prospect of it being necessary to establish the sex/biological makeup of Ms Khelif.

PARIS, FRANCE - AUGUST 09: Gold Medallist Imane Khelif of Team Algeria speaks to the media at the media conference following the Boxing Women's 66kg medal ceremony after the Boxing Women's 66kg Final match on day fourteen of the Olympic Games Paris 2024 at Roland Garros on August 09, 2024 in Paris, France (Photo by Andy Cheung/Getty Images)

Imane Khelif of Team Algeria picked up gold in the 66kg category (Image: Getty Images)
“Even then, speech needs to exceed by a large margin reasonable boundaries before it can be criminalised. Given the countervailing issues regarding safety and fairness in women’s sport, it is very hard to see a prosecution passing muster under ECHR.”

Mr Dunlop said French court accepting jurisdiction would not be an “insurmountable problem” but that would would mean “France would be policing the entire internet”. He added: “The chilling effect of this on freedom of expression would be enormous. Anything put on the internet is viewable anywhere in the world.

“To hold that anyone posting on X must comply with the laws of every country in the world is, quite literally, exorbitant.” He also said he would be “astonished” if US courts extradited anyone in relation to the case, and only “marginally less so” if UK courts did.

He concluded: “We will have to see and, as I’ve said already, I’m no French lawyer. But as someone very familiar with Art10 arguments, the prospects of this ending up with high profile UK or US citizens in a French dock seems to me to be somewhat remote.”

Rowling had said the Olympics had been “tarnished” by Khelif’s inclusion and accused the athlete of “enjoying the distress of a woman”. The Algerian won gold in the 66kg category.