Attorney General Geoffrey Cox has said it is in the public interest to bring contempt of court proceedings against Tommy Robinson.
The EDL founder was found to be in contempt last May and was jailed for 13 months. However he successfully applied to the Court of Appeal and the finding against him was quashed.
Mr Cox said on Thursday: "After carefully considering the details of this case, I have concluded there are strong grounds to bring fresh contempt of court proceedings against Stephen Yaxley-Lennon (AKA Tommy Robinson).
"As proceedings are now under way, it would not be appropriate to comment further and I remind everyone that it is an offence to comment on live court cases."
Robinson now faces a fresh hearing over the allegation that he committed contempt of court by filming people in a criminal trial and broadcasting footage on social media.
The footage, lasting around an hour, was watched 250,000 times within hours of being posted on Facebook.
It was filmed during the trial of four men who were later convicted of gang-raping a teenage girl.
The 35-year-old could be sent back to prison if he is again found in contempt. The first hearing in the case is due to take place at the High Court in London on March 22.
The original contempt finding was quashed by the Court of Appeal in August and Robinson was freed on bail pending new proceedings at the Old Bailey.
Recorder of London Nicholas Hilliard QC then referred the case to the Attorney General in October, after the judge received a statement from Robinson.
Crowds of supporters gathered outside the Royal Courts of Justice and the Old Bailey for the previous hearings, and Robinson made an address at the October hearing.
Mr Cox's office said in a statement: "In deciding to refer the case to the High Court, the Attorney was acting independently of Government.
"He based his decision on an assessment of the evidence and whether it was in the wider public interest to institute proceedings."
Additional reporting by Press Association
