As part of its work under the Unsafe for Scrutiny project, the Foreign Policy Centre (FPC), along with 21 other organisations including the Justice for Journalists Foundation, has published a joint policy paper on ‘Countering Legal Intimidation and SLAPP in the UK’. The policy paper briefly outlines the common hallmarks of legal intimidation and SLAPPS in the UK context, as well as five key principles for mitigating this threat, with a view to it forming a starting point for legislative and regulatory initiatives to address this issue in the UK.
A growing body of evidence has identified abusive legal threats and strategic lawsuits against public participation (SLAPPs) as a key emerging issue of concern for freedom of expression and the right to information in the UK. The impact goes beyond those directly subject to these legal tactics, posing a wider challenge to society and the principle of public participation.
SLAPPs are abusive lawsuits pursued with the purpose of shutting down acts of public participation. These legal actions are directed against individuals and organisations – including journalists, media outlets, whistleblowers, activists, academics and NGOs – that speak out on matters of public interest. SLAPPS have been gaining wider recognition as an issue in several jurisdictions. However, there is also a significant concern regarding the ‘hidden problem’ of UK law firms sending threatening legal communication prior to any official filings, which can have a similar effect to SLAPPs. These legal threats are particularly effective when emanating from the UK, which is seen as a more plaintiff-friendly jurisdiction and where mounting a defence is a particularly costly and lengthy process.
The aim of this policy paper is threefold:
- To provide an overview of the problem in the UK context;
- To identify the key principles for mitigating the threat of legal intimidation and SLAPPs; and
- To form a starting point for legislative and regulatory initiatives to address this issue in the UK.
As an immediate step, a formal Parliamentary inquiry into legal intimidation and SLAPPs is needed to a) examine this issue in the UK, including the impact it is having on those subject to these tactics as well as more broadly on public debate and discussion; and b) explore the legislative and regulatory proposals needed to counter it, including a potential UK Anti-SLAPP Law.