Secretary of State for Justice (): Today the Government is
publishing its response to its Call for Evidence on SLAPPs –
Strategic Lawsuits Against Public participation.
SLAPPs are a growing form of aggressive litigation which seek to
intimidate, silence and harass an opponent via improper use of
the judicial system. The invasion of Ukraine has heightened
concerns around the way foreign actors may be misusing the UK
legal system to fund litigation against free speech in our
country.
For this reason, I published a Call for Evidence on 17 March 2022
inviting views on potential measures for legislative, procedural
and regulatory reform. We also ran stakeholder engagement
roundtables in early May, inviting evidence from legal and media
professionals, civil society organisations and academics, to
develop a robust policy base for reform. The Call for Evidence
closed on 19 May and received 120 responses, all of which have
been individually analysed and assessed.
The evidence received throughout this process has been invaluable
in exposing the extent of this problem and the measures necessary
to effectively combat it.
To that end, we will legislate at the earliest opportunity to
enable clearer identification of SLAPPs and introduce an early
dismissal process, supported by a formal costs protection scheme.
SLAPPs claims that would be subject to an early dismissal
mechanism would have to satisfy a three-part test, requiring a
court to be satisfied:
- that a case relates to a public interest issue, for example
investigating financial misconduct by a company or individual;
- that it has some features of an abuse of process, for example
sending a very large number of highly aggressive letters on a
trivial matter; and
- that it is without sufficient evidence of merit.
I do not rule out further reform, as SLAPPs are an evolving issue
affecting different areas of domestic law, as well as
jurisdictions around the world. Our approach must continue to
develop in a way that counters the ever-expanding threats which
SLAPPs present. At the same time, while we must protect the right
to freedom of expression, we will also ensure that the right
balance is struck between that and the right to reputation and
privacy.
These reforms sit alongside our proposals for a Bill of Rights
that will reinforce freedom of speech and freedom of expression.
These reforms alongside the Bill of Rights represent an
opportunity to put President Putin and his cronies on notice. We
will not allow our courts to be abused to censor those brave
enough to call out corruption. We will protect our free press,
which is there precisely to hold the powerful to account. We will
defend freedom of speech—the liberty that guards all our other
freedoms in this country. Our reforms will further strengthen
free speech so that those with blood on their hands and those
with dirty money in their bank accounts are no longer free to
hide in the shadows.
The response to the Call for Evidence is available at https://www.gov.uk/government/consultations/strategic-lawsuits-against-public-participation-slapps(opens
in a new tab) and a copy will be placed in the House library.
