A chilling effect has been observed on free speech in recent years, as wealthy and powerful individuals or entities increasingly utilise Strategic Lawsuits Against Public Participation (SLAPPs) to silence critics, including journalists, whistleblowers, and even victims of sexual assault. These legal actions are not only financially ruinous but also serve as a potent tool for intimidation, threatening the very foundations of a healthy democracy.
Two private members' bills, introduced by Conservative members within 24 hours of each other, are expected to garner significant cross-party support in their efforts to curb this abuse. Lady Stowell, former Leader of the House of Lords, published a draft bill on Tuesday, followed by John Whittingdale MP, a former Conservative Culture Secretary, who presented his Strategic Litigation Against Public Participation Bill on Wednesday. Mr Whittingdale's bill is slated for debate in November.
The move comes after a prolonged campaign for enhanced protections against such lawsuits, which can see legal fees for a single party reach up to £1 million if a case proceeds to trial. The losing party is typically liable for the other side's costs, creating a significant deterrent for those with fewer resources to speak out on matters of public interest. Lady Stowell's draft bill proposes that defendants in libel suits and other legal actions could request an early dismissal by a judge if they can demonstrate the case relates to a matter of public interest, before substantial costs accrue. It also suggests awarding costs to successful defendants and imposing penalties on claimants who intentionally delay or prolong proceedings.
While the Ministry of Justice is understood to be supportive of these new legislative efforts, sources indicate that progress is still in its early stages. There has been prior frustration within the Ministry that similar anti-SLAPP measures were not included in the King's Speech. Both Conservative and Labour leaders have previously voiced support for reform, with limited protections introduced in 2023 for those reporting economic crimes, though these do not extend to human rights issues. In October 2024, Labour leader Keir Starmer described the abuse of courts by the wealthy as 'intolerable', yet no government legislation has been brought forward.
The UK Anti-SLAPPs Coalition, through co-chair Susan Coughtrie, has welcomed the initiative, emphasising the opportunity to establish robust and accessible protections for all. Ms Coughtrie highlighted that without addressing SLAPPs, 'bad-faith actors' can control public information, thereby impacting democratic discourse. The proposed protections are seen as crucial not only for individuals speaking out but also for safeguarding the public interest information that underpins a healthy democracy.
Other nations have already implemented anti-SLAPP laws. Many US states grant judges broad powers to dismiss abusive cases, and the European Union introduced a directive in 2024 requiring member states to establish procedures for dealing with SLAPPs. The UK's proposed legislation aims to align its laws with those of other countries that prioritise free speech over powerful litigation.