Proposed by Wayne David MP, the bill seeks to preserve free speech by empowering independent judges to dismiss unfounded claims and shield defendants from excessive costs before trial proceedings begin, the Government stated on Friday.
SLAPPs, described as “legal threats brought to intimidate and financially and psychologically exhaust journalists, campaigners and anyone who would criticize or expose corruption,” have seen a surge in recent times, notably involving Russian oligarchs and associates of Vladimir Putin, among other high-profile cases.
These lawsuits are typically employed on unfounded defamation and privacy grounds, obstructing the publication of information vital to the public interest, according to the statement.
Wayne David MP, the bill’s author, emphasized its aim to protect freedom of expression for all and expressed satisfaction that it has garnered support from the main political parties.
The new bill will establish a dismissal mechanism aimed at halting SLAPPs claims at the earliest stage possible. Claimants will need to demonstrate a likelihood of success before proceeding to trial, enabling judges to swiftly dismiss SLAPPs and reduce their effectiveness as a tool to intimidate free speech advocates, read the statement.
Additionally, a costs protection scheme will be established to safeguard defendants, such as journalists, from claimants, including oligarchs, who deliberately inflate legal costs to financially burden the accused.
Under the new rules, the defendant would typically not be responsible for covering the claimant’s costs unless specifically directed by a judge. This contrasts with the usual practice where the losing party is obliged to bear all costs associated with the case.
“Protecting and enhancing press freedom is vital - our democracy depends on the press having the freedom to hold the powerful to account,” Secretary of State for Culture, Media and Sport, Lucy Frazer KC, said.
She emphasized that the new law is raising the bar for influential individuals attempting to halt investigative journalism through unethical lawsuits. Furthermore, she highlighted that this legislation will “enhance that further, ensuring that there are comprehensive powers within U.K. law to protect journalists from all forms of SLAPPs.”
The government noted that the Private Members’ Bill – public bills introduced by MPs and Lords who are not government ministers – builds on the measures introduced in the Economic Crime and Corporate Transparency Act 2023 to prevent wealthy individuals from using SLAPPs in cases related to economic crime, such as corruption and embezzlement.
“This government has already proved its commitment to cracking down on those with deep pockets who abuse our courts… Free speech and the free press are linchpins of our democracy, and to muzzle people in this way is chilling,” said Lord Chancellor and Justice Secretary, Alex Chalk KC.
The bill, exclusive to England and Wales, will broaden the reach of the 2023 Act’s provisions to cover a broader spectrum of legal proceedings, including instances of sexual harassment, alongside economic crimes. Discussions regarding legislative adjustments have also been conducted with the devolved administrations in Scotland and Northern Ireland, according to the statement.
