Reforming English and Welsh defamation laws with regard to Strategic Lawsuits Against Public Participation (SLAPPs)
The UK government announced on Tuesday that legislation reforming defamation laws in England and Wales will be introduced that stops Strategic Lawsuits Against Public Participation (SLAPPs). These types of suits have been used to intimidate critics of the super-rich into silence under the threat and fear of costly litigation. Free speech advocates have long contended that individuals like Russian oligarchs and other wealthy litigants have used the threat of action in English courts to stifle criticism because their opponents face high legal costs, even if the case against them is weak.
The new legislation is part of a wider crackdown on SLAPPs, which are any lawsuit brought primarily to chill free speech or restrict the newsgathering process. The new legislation reforming defamation laws in England and Wales is seen as the first step in stopping these types of suits, with further legislation covering wider areas beyond economic crime expected when parliamentary time permits.
What is a SLAPP Economic Crime?
Under the new framework, judges will be asked to consider whether the claim meets the definition of a “SLAPP economic crime” and, if so, whether the claim has a “reasonable chance” of success. The government aims to place the burden of proving that their case is valid on the plaintiffs rather than on the defendant.
According to research by the Foreign Policy Centre think-tank, up to 70% of SLAPPs relate to economic crime. Under the new legislation, there is a call for judges to be given more powers to dismiss these types of cases without merit. The legislation aims to curtail the blatant abuse of the legal system that allows people of power to silence investigators who are seeking to expose their wrongdoings. The government also stated that it would introduce cost caps for SLAPP disputes to prevent them from being financially ruinous.
A closer look on SLAPPs
SLAPPs are strategic legal actions taken against individuals or organizations by wealthy and powerful organizations to muzzle the citizens in the name of suppressing free speech. SLAPPs get mostly aimed at the media and citizens who voice their opinions against their actions. SLAPPs frequently get used as a legal method of extrajudicial retaliation for acts of expression like publishing news reports, protesting, signing petitions, filing lawsuits, and giving evidence to government agencies.
SLAPPs have become a serious hazard to freedom of speech worldwide, with some organizations throwing thousands, if not millions of dollars, to litigate against individuals financially incapable of defending themselves. The financial difficulties of fighting in court can threaten an individual’s right to free speech, especially when the individual cannot afford a legal team. SLAPP abusers use litigation as a tactic to intimidate and silence critics and reveal sensitive personal facts while engaging others to refrain from engaging on a topic for fear of retaliation.
What has the impact of SLAPPs been on free speech?
SLAPPs have threatened free speech in court hearings and have become stronger each year. In recent years, SLAPPs have become a weapon of choice for organizations with an interest in muzzling post-publication speech. They designed it to avoid the traditional anti-SLAPP measures by filing legal actions in foreign or hostile jurisdictions.
From curtailing investigative journalism to criticism of public officials to environmental and human rights activists, a wide range of speech gets targeted by SLAPPs. Individuals and nongovernmental organizations that campaign on behalf of the poor, the powerless, and the marginalized face significant challenges, and SLAPPs present a serious challenge to their ability to carry out their work.
When people cannot speak out on matters of public concern for fear of legal retaliation, their free speech rights are infringed, and the public’s right to receive information repressed. SLAPP abusers prefer to generate fear of possible litigation. They use it as a tool for media manipulation, which affects how individuals fight for their democratic culture and complicates anti-corruption measures. When SLAPP targets individuals and groups in countries with democratic traditions, it undermines the legitimacy of these systems, processes, and institutions. It makes it much more difficult for everyone to fight against corruption and maladministration.
What’s next in the fight against SLAPPs?
Even though the new legislation reforming defamation laws in England and Wales is seen as the first step in stopping SLAPPs, it sparked mixed reactions from advocates who believe that there is more to be done, especially with regard to foreign jurisdiction SLAPPs. It is essential to take proper measures to counter such lawsuits, not just in the local courts but also globally because of the broader challenges posed by the internet as a platform for the dissemination of information. In addition, many jurisdictions, London gets seen as the go-to venue for SLAPP-friendly lawsuits.
Experts believe that there should be measures in place to prevent or counter dismissal motions designed to prolong or dismiss a case to extract settlement funds. Moreover, targeted individuals and groups should not bear the burden of such lawsuits when judges have the discretion to dismiss the case without merit. The courts should introduce fines and other legal remedies to counter SLAPPs’ abusive tendencies and prevent them from using the legal system to silence critics and deny equal access to the rule of law.
Conclusion
SLAPPs are a threat to free speech, posing wider risks for democracy in cases where these types of lawsuits get used frivolously against those publicly criticizing the wealthy and powerful organizations. The UK government’s move to reform defamation laws and fight back against SLAPP’s tendency is a step in the right direction. However, it is crucial to develop a legal and structural framework that coordinates efforts globally to combat the SLAPP phenomenon. With cutting-edge legislation and measures in place, the rights of free speech are better protected, and individuals and groups can operate without intimidation or fear of retaliation.
Summary
The UK government is introducing legislation reforming defamation laws in England and Wales to stop Strategic Lawsuits Against Public Participation (SLAPPs). Under the new framework, judges will consider if a claim meets the definition of a SLAPP for economic crime and whether it has a reasonable chance of success. The new legislation is aimed at placing the burden of proof upon the plaintiffs, rather than the defendant. The UK government’s move is seen as the first step in fighting against SLAPPs, which are a threat to the right of free speech and can pose a risk to democracy. It is crucial to develop a legal and structural framework that coordinates efforts globally to combat the SLAPP phenomenon and ensure that individuals and groups can operate without intimidation or fear.
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Judges in England and Wales must be given more powers to dismiss lawsuits designed to intimidate critics of the super-rich into silence under legislation advanced by the UK government.
A long-awaited crackdown on the so-called strategic lawsuits against Public Participation (Slapps) – threats of costly litigation to journalists, editors and domineering activists – will become law through amendments to an economic crime bill that goes to parliament, the government announced on Tuesday.
However, the restrictions will only affect such tactics when they concern economic aspects crimegiving individuals and companies with deep pockets the ability to adopt them in other instances.
Justice Secretary Alex Chalk KC said ministers were “eliminating the blatant abuse of our legal system which has allowed people of power to silence investigators who are seeking to expose their wrongdoing”.
Free speech advocates have long complained that Russian oligarchs and other wealthy litigants have used the threat of action in English courts to stifle criticism because their opponents face high legal costs, even if the case against them he is weak.
In such circumstances, editors may be persuaded to settle otherwise defensible claims or to avoid publishing critical articles in the first place.
The UK the government promised in July to push through legislation to crack down on the practice, including an early “dismissal process” to dismiss cases without merit.
Announcing the plans on Tuesday, the Justice Ministry said the measures were only the “first step” in a wider crackdown on Slapps and that the government would draft further legislation covering areas beyond economic crime “when parliamentary time permits.” “.
Research by the Foreign Policy Center think-tank cited by the Justice Department estimated that “up to 70%” of all Slapps relate to economic crime.
Under the new framework, judges will be asked to consider whether a case meets a definition of a “Slapp economic crime” and, if so, whether the claim has a “reasonable chance” of success.
The Justice Ministry said the aim was to “place the burden of proving that their case is valid on the plaintiffs, rather than on the defendant”.
The government also said it would introduce cost caps for Slapp disputes to prevent them from being “financially ruinous”. The limits are to be determined by a committee of legal experts.
https://www.ft.com/content/2a9607c5-c1be-47c8-8fcd-027b5cbf4c42
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