The courts in England and Wales will receive new powers to dismiss claims used by wealthy plaintiffs to stifle freedom of expression, the government has said.
Justice Secretary Dominic Raab on Wednesday announced proposals for a three-stage trial to address early-stage intimidating legal action against journalists and publishers, known as strategic lawsuits against public participation, or Slapps.
The slaps have been in the spotlight with the Russian invasion of Ukraine and allegations that oligarchs close to Vladimir Putin are using costly litigation in UK courts to close criticism and deter investigations into their affairs.
The government said the proposed test would first assess whether the case goes against journalistic activity that is in the public interest, such as investigating financial misconduct by a company or individual.
It would then examine whether there is evidence of abuse of process, such as whether the complainant has sent a rain of very aggressive letters on a trivial matter. Third, it would consider whether the case has a realistic prospect of success.
Anyone subject to an alleged Slapp could ask the court to consider early dismissal.
In announcing the intention to legislate “at the earliest opportunity,” the government also proposed a cost cap to “allow for adequate defense of cases without merit,” which can be created by ministers under secondary legislation without the need for parliamentary approval.
Raab said: “We will not let those who fund Putin exploit the legal jurisdiction of the UK to kill its critics. So today I announce reforms to defend freedom of expression, end the abuse of our justice system and defend those who bravely illuminate corruption ”.
The government referred to a case filed against Tom Burgis, the author of Kleptopia: How Dirty Money is Conquering the World, by the Kazakh mining group ENRC in a high-profile case that was rejected by the high court.
Dawn Alford of the Society of Publishers. Photography: Martin Godwin / The Guardian
He said that with the issuance of legal letters, the purpose of a Slapp was often to suppress publications without a case ever reaching the courts and being reported. Responses to a call for evidence suggested they were working, avoiding stories about certain people or topics, the government said.
The decision to introduce an earlier stage to dismiss the cases follows in the footsteps of many U.S. states and Canadian provinces, and urges to do so by former cabinet minister and anti-Slapp activist David Davis and U.S. lawmakers. media defense.
Michelle Stanistreet, secretary general of the National Union of Journalists, said the proposals were “an important step in addressing the deployment of Slapps and other forms of law designed to hinder journalistic investigations. The abuse of the law by cunning and powerful, who deeply resent the legitimate work of the media to hold them accountable, is a scourge that needs to be eradicated. “
Dawn Alford, executive director of the Society of Editors, described the measures as “essential protections that should deter the rich from using the threat of costly litigation to silence their critics and should allow journalists and others the ability to fulfill their roles as an audience “. guard dog without bullying or intimidation ”.
The government said it would set the level of cost limits and design the scheme in due course and further study the case of defamation law reform.