HomePoliticsTime to end legal bullying through SLAPP suits targeting public voices

Time to end legal bullying through SLAPP suits targeting public voices

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Various media organizations throughout the nation are participating in a Day of Action today, urging the UK Government to incorporate anti-SLAPP measures into the upcoming King’s Speech.

Those in journalism did not enter the profession to ready themselves for courtroom battles. They pursue reporting careers, file Freedom of Information requests, pose inquiries, cover tribunal and court proceedings, and engage with numerous individuals because they possess narratives to share. They equally understand that residents thrive when public knowledge expands rather than contracts.

Press work serves an essential function in local democracy by keeping authority accountable and amplifying community voices, guaranteeing that no individual escapes examination. Yet unlimited financial power possesses a potent instrument in its effort to block probing questions and evade unwanted attention: the British legal framework.

Mischievous legal actions, also termed SLAPPs (Strategic Lawsuits Against Public Participation), enable affluent parties to threaten expensive and lengthy court proceedings to suppress publication or force already-released material out of public view.

Exploitative court cases represent no sincere effort to remedy deficiencies in journalistic output. In truth, numerous reporters face legal action merely for posing inquiries or seeking responses from individuals who have not even reviewed the article prior to launching litigation. These lawsuits constitute efforts to muzzle journalism and shield those warranting examination from any public responsibility.

Every category of reporting faces potential mistreatment from legal intimidators. Catherine Belton encountered threats from multiple wealthy Russians and a state oil company while investigating Vladimir Putin’s ascent; Paul Radu, co-founder of OCCRP, faced action from an Azerbaijani parliamentarian in London despite neither operating from Britain; the Treasury willingly permitted disgraced, sanctioned Russian warlord Yevgeny Prigozhin to take legal action against Bellingcat’s Eliot Higgins; and The Londoner encountered proceedings, including incarceration threats, from the subject of its coverage.

Yet these approaches do not exclusively affect national or international publications; regional reporters and smaller media can equally face such harassing legal warnings.

Those in journalism are not the sole targets employed to suppress stories. Survivors of sexual assault identifying their attackers have encountered SLAPPs as warnings to other women; community organizers striving to enhance public services for residents have been targeted; former patients publishing assessments to guide others considering medical care have been pursued; ecologists battling to safeguard endangered species and ecosystems from commercial exploitation have been targeted; and tenants daring to request timely repairs and serious consideration of grievances have faced action. Essentially, nearly every sector of society has experienced this legalized intimidation, prompting the question: who has been cowed into silence so thoroughly they fear engaging with journalists?

SLAPPs eliminate information from public availability. Every article, social media entry, blog, report, or published work withdrawn by someone incapable of mounting a defense, unable to abandon employment for court preparation, and unable to navigate the complexity and uncertainty of the British legal system represents a loss for everyone.

However, next month the administration possesses a chance to restore equilibrium to guarantee that individuals targeted by legal bullies access the same judicial rights as those wealthy enough to afford representation. Should the King’s Speech introduce legislation establishing comprehensive, transparent, and meaningful anti-SLAPP safeguards, parliamentary time will be dedicated to advancing a crucial step toward everyone’s entitlement to speak freely.

This commentary has been supplied by the co-chairs of the UK Anti-SLAPP Coalition:

Nik Williams, Index on Censorship

Susan Coughtrie, Foreign Policy Centre

Charlie Holt, Climate Legal Defense

The UK Anti-SLAPP Coalition functions as an informal collaborative body created in January 2021, incorporating various freedom of expression, whistleblowing, anti-corruption, and transparency organizations, alongside media legal professionals, investigators, and academics.

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