Dominic Raab, the deputy prime minister, today (20 July 2022) unveiled a set of policies aimed at so-called “Strategic Lawsuits Against Public Participation” (SLAPPs).
This includes a new mechanism that will enable judges to dismiss unfounded claims more quickly and a cost cap that will stop the extremely wealthy, like Russian oligarchs, from using high-priced litigation as a tool to quiet their detractors.
SLAPPs often involve wealthy people or huge corporations employing the fear of never-ending legal action and related costs to silence their opponents in violation of defamation and privacy laws.
These costs can occasionally reach millions of pounds.
This strategy is being employed more frequently to frighten writers, authors, and activists into reducing or giving up on critical articles or books.
The majority of cases are never resolved in court because writers frequently recant after receiving a barrage of aggressive legal letters; many do this out of concern for their financial stability.
According to responses to a government request for proof made public today, this is having a chilling impact.
Due to the possibility of high legal fees, journalists, media outlets, and publishers said they no longer publish information on specific people or themes, such as exposing significant wrongdoing or corruption.
The UK’s free press is under attack, but ministers are determined to stop it and will pass legislation as soon as possible.
Lord Chancellor, Justice Secretary, and Deputy Prime Minister Dominic Raab said:
We won’t allow Putin’s financial backers to use the UK’s judicial system to silence their detractors.
So now I’m announcing changes to safeguard free expression, stop the misuse of the legal system, and stand up for individuals who courageously expose wrongdoing.
A court will now use a new three-part test to evaluate whether a case should be dismissed outright or allowed to proceed under the amendments.
It will first determine if the matter is against a public interest activity, such as looking into corporate or individual financial malfeasance.
Then, it will look for any indications of process abuse, such as whether the claimant has written a flood of extremely hostile letters over a minor issue.
Finally, it will consider if the case has enough substance, particularly whether it has a chance of success.
Anyone who is a target of a suspected SLAPPs litigation may seek to the court to have the case promptly dismissed.
Importantly, governments will also implement a new expenses protection plan to level the playing field between wealthy claimants and defendants with substantial financial resources.
The action aims to protect people involved from debilitating costs and make it possible for cases that lack merit to be effectively defended.
The Government will outline the structure of the programme and the precise amount of cost caps in due course after consulting with the Civil Procedure Rules Committee as appropriate.
The Kazakh-owned mining company’s libel lawsuit against British journalist Tom Burgis for his book “Kleptopia: How Dirty Money is Conquering the World” was dismissed by the High Court earlier this year, but SLAPP lawsuits frequently aim to censor publications before a case even makes it to court and is reported.
The National Union of Journalists’ general secretary, Michelle Stanistreet, stated:
The NUJ has long fought against the use of defamation laws to stifle media and journalists at the national and international levels.
The release of these suggestions is a crucial step in combating the use of SLAPPs and other legal tactics intended to thwart journalistic inquiries.
The epidemic of legal abuse by the crafty and powerful, who bitterly despise the media’s legitimate role in holding them accountable, must be eliminated.
A free media is essential to a democracy’s operation. When those with deep pockets are permitted to utilise the law to jeopardise the very existence of media organisations, that freedom is severely restricted.
Executive Director of the Society of Editors, Dawn Alford, stated:
The Society applauds the government’s announcement of a set of measures to combat SLAPPs.
For far too long, affluent and powerful people and organisations have been able to weaponize and misuse the legal system to avoid being held accountable in front of the public, while journalists, scholars, and authors have had to deal with harassment and terror in order to fulfil their crucial duties.
The implementation of a new mechanism that will enable the courts to dismiss meritless cases more quickly and a cost cap are crucial safeguards that should prevent the wealthy from using the threat of expensive litigation to silence their critics and should enable journalists and others to carry out their roles as the public’s watchdog without bullying or intimidation.
Press freedom and freedom of expression will also be strengthened by the government’s Bill of Rights.
It will establish a more stringent standard that judges must follow before ordering journalists to reveal their sources.
The announcement made today follows a recent crackdown on wrongdoing by solicitors and attorneys.
From $2,000, the Solicitors Regulation Authority will now have the authority to sanction violators up to $25,000.
The regulator will also be allowed to punish them for a wider range of offences, from less serious ones including poor employee training to those with more serious repercussions like failing to carry out the necessary checks to find indicators of client money laundering.
The administration has also promised to investigate the case for changing the defamation rules further.
The Economic Crime (Transparency and Enforcement) Act, which includes expanded powers to take down corrupt elites and increase pressure on Putin’s leadership, was swiftly passed through Parliament earlier this year.
Attention Editors
In response to the rising number of lawsuits known as SLAPPs, or Strategic Lawsuits Against Public Participation, the government issued an urgent request for evidence in March.
Today, it released its response, outlining significant changes to safeguard the UK legal system from exploitation.
Primary legislation is required for the new early dismissal procedure. The government will pass legislation as soon as possible.
Secondary legislation may be used to enact the suggested cost protection plan. Before determining the following steps, the administration will seek input on proposals.
Bill of Rights to support freedom of speech and eliminate false claims regarding human rights.
Further authority to crack down on solicitors who flout the law.
This year, the Parliament moved swiftly to pass the Economic Crime Act.
It allows the government to impose sanctions against oligarchs who have already been named by our allies more quickly and to step up the enforcement of those sanctions.