Baroness Stowell: Government Must Act on SLAPPs To Prevent Chilling Effect on Journalism
The Government must follow through with a clear plan of action on tackling SLAPPs in the legal system, Baroness Stowell, the chair of the Lords Communications and Digital Committee has said in a letter to the Justice Secretary published yesterday.
The letter followed evidence heard by the committee about the damaging consequences of SLAPP litigation upon journalism in the UK. Baroness Stowell said: “We heard that the pressure and intimidation from SLAPP cases is generating a chilling effect in the journalism and publishing sectors. These unacceptable practices are deterring journalists and others from publishing criticism or allegations of wrongdoing.
“There is also a reluctance to speak out about SLAPP suits for fear of generating further legal action, or adversely affecting future career prospects. Responding to SLAPP cases directly can involve high legal costs and place a significant strain on individuals. We have also heard that SLAPP cases can be accompanied by personal intimidation, harassment and smear campaigns.”
Baroness Stowell listed a series of recommendations to the Justice Secretary as a part of the Government’s consultation on SLAPPs, including determining a clear definition of what would constitute as a SLAPP case, as well as expanding the National Action Plan for the Safety of Journalists to include better guidance and financial support for those facing SLAPP cases.
Baroness Stowell said: “The ongoing problem of SLAPP cases suggests that the firms providing the legal and reputation management services are operating with a degree of impunity. That cannot be allowed to continue.”
The Baroness urged the Justice Secretary Dominic Raab to work more closely with regulators for better oversight of firms pursuing SLAPP cases and impose tougher sanctions for wrongdoing in order to deter abusive litigation. A public register of individuals and organisations found to be pursuing SLAPP cases repeatedly was also suggested.
The Baroness concluded: “Action to address SLAPP cases is urgently needed, but any legislative proposals must recognise that access to legal remedies remains a cornerstone of our legal system.
“We encourage you to prioritise initiatives that can deliver immediate progress, followed by longer-term ambitions such as legislative changes.
Research recently published by the Foreign Policy Centre and ARTICLE 19 scrutinises SLAPPs and the issue of legal intimidation against the media in the UK.
The report found that an “inequality in arms can put journalists and media outlets at a disadvantage from the outset”, with claimants attempting to intimidate defendants into folding as a result of legal costs, fees and potential damages.
The report noted that the UK, primarily London, has shown to be the centre for domestic and trans-national SLAPP cases against the media.
The Ministry of Justice is inviting written evidence on SLAPPs by 19 May 2022. The NMA will be responding to the inquiry.