Strategic Lawsuits Against Public Participation (SLAPPs) and the Proposed Measures to Counteract Them: Protecting Freedom of Expression and Democracy

The issue of Strategic Lawsuits Against Public Participation (SLAPPs) has gained significant attention in recent times, particularly in the context of protecting freedom of expression and democracy. SLAPPs are legal actions initiated by individuals, often with substantial financial resources, to silence critics and suppress information that may expose wrongdoing or challenge their interests. These lawsuits are designed to intimidate and financially burden the defendants, forcing them to abandon their criticisms or face ruinous legal costs.

The UK government has recognized the detrimental impact of SLAPPs on freedom of expression and democracy and has taken steps to address this issue. Proposals to counteract SLAPPs have been put forward by Labour MP and former minister Wayne David, who introduced the Strategic Litigation Against Public Participation Bill in the House of Commons. This bill aims to protect individuals from the chilling effects of SLAPPs and ensure that they can stand up to the corrupt without fear of retribution.

The new measures, if passed into law, would allow judges to dismiss spurious claims before they go to trial. This would prevent defendants from being subjected to lengthy and costly legal proceedings, which can cause significant emotional distress and financial hardship. The bill also seeks to protect defendants from exorbitant legal costs, ensuring that they are not unduly burdened by the legal process.

The Strategic Litigation Against Public Participation Bill builds on the Economic Crime and Corporate Transparency Act 2023, which focused on SLAPPs cases involving economic crime such as corruption and embezzlement. However, research has shown that the practice of using SLAPPs is not limited to economic crimes but is also being used in various other contexts, including cases of sexual harassment and disputes between landlords and tenants. The new measures would address SLAPPs across all types of litigation, providing comprehensive protection against this tactic.

Under the proposed rules, claimants would be required to prove that they are likely to succeed before a case goes to trial. This would deter individuals from initiating frivolous lawsuits, as they would face the risk of having to pay the defendant’s costs if they fail to prove their case. Normally, the losing party in a case is required to pay all the costs, but the new rules would mean that defendants would not have to pay the claimant’s costs unless directed otherwise by a judge.

The importance of protecting freedom of expression and democracy cannot be overstated. Free speech and a free press are the cornerstones of any democratic society, and attempts to silence critics or suppress information are a threat to these fundamental values. The UK government’s support for the Strategic Litigation Against Public Participation Bill is a significant step forward in addressing the issue of SLAPPs and ensuring that individuals are free to express their opinions and challenge wrongdoing without fear of retribution.

Labour is also supporting the bill, recognizing its importance in protecting freedom of expression and ensuring that those who seek to report on wrongdoing can do so without fear of retribution. The backing of the government for a private members’ bill increases the likelihood of its passage into law, making it an essential development in the ongoing effort to protect freedom of expression and democracy in the UK.

In conclusion, the issue of SLAPPs and their impact on freedom of expression and democracy is a significant concern that requires urgent attention. The proposed measures, if passed into law, would provide comprehensive protection against this tactic, ensuring that individuals are free to express their opinions and challenge wrongdoing without fear of retribution. The UK government’s support for the Strategic Litigation Against Public Participation Bill is a crucial step forward in addressing this issue and safeguarding the fundamental values of freedom of expression and democracy.