Wealthy individuals and powerful corporations who seek to silence critics by abusing the UK legal system have been put on notice by the government
The Deputy Prime Minister Dominic Raab will today set out proposals that take aim at so-called Strategic Lawsuits Against Public Participation (SLAPPs). These range from strengthening legislation to introducing new court checks to curb this type of activity.
These lawsuits typically involve wealthy people or large businesses using the threat of endless legal action and associated costs to pressure their opponents under defamation and privacy laws. This tactic is increasingly being used to intimidate journalists, authors and campaigners to stifle legitimate criticism and prevent the publication of critical stories and books.
The government is now seeking views on a range of proposals which will be introduced as soon as possible. These could include amending the Defamation Act 2013 to strengthen the ‘public interest defence’ which protects people who publish private information from being sued if it was done for the public good.
Ministers are also considering capping the costs that claimants can recover with the aim of stopping the super-rich, such as Russian oligarchs, from ‘weaponising’ the high cost of litigation to stifle free speech. Changes could also introduce a specific requirement for claimants to prove ‘Actual Malice’ by a defendant in libel cases in order to deter spurious claims.
Prime Minister Boris Johnson said:
Deputy Prime Minister, Lord Chancellor and Justice Secretary Dominic Raab said:
Other measures would enable courts to throw out claims using these tactics earlier in proceedings and impose Civil Restraint Orders to prevent people from bringing repeated legal challenges.
Meanwhile, the Solicitors Regulation Authority has already issued new guidance on conduct in disputes, identifying SLAPPs as an example of ‘pursuing litigation for improper purposes’ and reminding solicitors of their duty to report misconduct.
These moves come as the High Court this month dismissed a libel claim against the British journalist, Tom Burgis, brought by a Kazakh-owned mining firm for his book ‘Kleptopia: How Dirty Money is Conquering the world’, but often the purpose of SLAPPs is to suppress publications without a case ever coming to court and being reported. As a result, Ministers will be assessing the evidence to understand how widespread the problem is before deciding the best course of action.
Michelle Stanistreet, General Secretary of the National Union of Journalists (NUJ) said:
Dawn Alford, Executive Director of the Society of Editors said:
Today’s announcement follows the recently passed Economic Crime (Transparency and Enforcement) Act which includes strengthened powers to crack down on corrupt elites and ramp up pressure on Putin’s regime. The Deputy Prime Minister visited the International Criminal Court (ICC) in The Hague this week to offer extra practical support from the UK to help prosecute Russian war crimes.
Notes to Editors