Press release

Government clampdown on the abuse of British courts to protect free speech

Wealthy individuals and powerful corporations who seek to silence critics by abusing the UK legal system have been put on notice by the government.

This was published under the 2019 to 2022 Johnson Conservative government

皇冠体育app Deputy Prime Minister Dominic Raab will today set out proposals that take aim at so-called Strategic Lawsuits Against Public Participation (SLAPPs). 皇冠体育appse range from strengthening legislation to introducing new court checks to curb this type of activity.

皇冠体育appse lawsuits typically involve wealthy people or large businesses using the threat of endless legal action and associated costs to pressure their opponents under defamation and privacy laws. This tactic is increasingly being used to intimidate journalists, authors and campaigners to stifle legitimate criticism and prevent the publication of critical stories and books.

皇冠体育app government is now seeking views on a range of proposals which will be introduced as soon as possible. 皇冠体育appse could include amending the Defamation Act 2013 to strengthen the 鈥榩ublic interest defence鈥� which protects people who publish private information from being sued if it was done for the public good.

Ministers are also considering capping the costs that claimants can recover with the aim of stopping the super-rich, such as Russian oligarchs, from 鈥榳eaponising鈥� the high cost of litigation to stifle free speech. Changes could also introduce a specific requirement for claimants to prove 鈥楢ctual Malice鈥� by a defendant in libel cases in order to deter spurious claims.

Prime Minister Boris Johnson said:

皇冠体育app ability of a free press to hold the powerful to account is fundamental to our democracy and as a former journalist I am determined we must never allow criticism to be silenced. For the oligarchs and super-rich who can afford these sky-high costs the threat of legal action has become a new kind of lawfare. We must put a stop to its chilling effect.

Deputy Prime Minister, Lord Chancellor and Justice Secretary Dominic Raab said:

皇冠体育app Government will not tolerate Russian oligarchs and other corrupt elites abusing British courts to muzzle those who shine a light on their wrongdoing.

We鈥檙e taking action to put an end to this bullying and protect our free press.

Other measures would enable courts to throw out claims using these tactics earlier in proceedings and impose Civil Restraint Orders to prevent people from bringing repeated legal challenges.

Meanwhile, the Solicitors Regulation Authority has already issued new guidance on conduct in disputes, identifying SLAPPs as an example of 鈥榩ursuing litigation for improper purposes鈥� and reminding solicitors of their duty to report misconduct.

皇冠体育appse moves come as the High Court this month dismissed a libel claim against the British journalist, Tom Burgis, brought by a Kazakh-owned mining firm for his book 鈥楰leptopia: How Dirty Money is Conquering the world鈥�, but often the purpose of SLAPPs is to suppress publications without a case ever coming to court and being reported. As a result, Ministers will be assessing the evidence to understand how widespread the problem is before deciding the best course of action.

Michelle Stanistreet, General Secretary of the National Union of Journalists (NUJ) said:

皇冠体育app NUJ warmly welcomes the commitment by the government to tackle the scourge that is the deployment of SLAPPs and other forms of lawfare cynically designed to stymie journalistic investigations and reporting by the rich and thin-skinned.

We have long campaigned for low-cost arbitration solutions to settle genuine disputes and would welcome any moves to level the playing field and ensure journalists and media outlets no longer have to face prohibitive costs and deliberate intimidation by wealthy litigants with the deepest of pockets. For too long the super-rich have got away with abusing the law to bully journalists and undermine media freedom.

皇冠体育app NUJ will consider the detail of these plans, and looks forward to participating in the government鈥檚 consultation on its package of measures.

Dawn Alford, Executive Director of the Society of Editors said:

At a time when the vital role of journalists in holding power to account and exposing wrong-doing and corruption have never been more important, the Society welcomes the Government鈥檚 consultation on measures to tackle the use of SLAPPs.

Deployed by powerful individuals and companies in an effort to silence and intimidate critics and deter legitimate public interest journalism, SLAPPs not only have a chilling effect on the public鈥檚 right to know but they pose a grave threat to media freedom. It is essential that laws are strengthened and practical deterrents are put in place to ensure that journalists 鈥� as well as campaigners, academics and authors 鈥� are able to fulfil their role in keeping the public informed without fear of intimidation or harassment.

Today鈥檚 announcement follows the recently passed Economic Crime (Transparency and Enforcement) Act which includes strengthened powers to crack down on corrupt elites and ramp up pressure on Putin鈥檚 regime. 皇冠体育app Deputy Prime Minister visited the International Criminal Court (ICC) in 皇冠体育app Hague this week to offer extra practical support from the UK to help prosecute Russian war crimes.

Notes to Editors

Updates to this page

Published 17 March 2022