More than 60 experts call for the Anti-SLAPP Bill to be amended

Over sixty editors, journalists, writers, publishers, academics, and experts have written to Justice Secretary Alex Chalk KC MP calling on the Government to support amendments to the Strategic Litigation Against Public Participation Bill. Signatories include the editors of DMG Media, The Wall Street Journal, The Guardian, The Telegraph, The Times and The Sunday Times, Private Eye, and The Economist.

“We are closer than ever to establishing a standalone anti-SLAPP law, but we cannot let its  roximity stop us from ensuring the Bill does what it is intended to: protecting public interest speech from being silenced by SLAPPs,” the letter said.

The signatories are calling on the Government to address the fundamental flaw at the centre of the Bill’s early dismissal mechanism that requires a court to make a subjective judgement as to the intent of a SLAPP claimant in order to determine whether the legal action can be identified as a SLAPP. They echo concerns raised by the Law Society and MPs, that identifying a claimant’s intent “is a notoriously difficult, time-intensive, expensive and uncertain process that would undermine the effective operation of the protections the law provides.”

The signatories highlight concerns that deficiencies of the Economic Crime and Corporate Transparency Act (ECCTA) were previously made clear to the Government, but yet have been replicated in full in the Anti-SLAPP Bill.

“If enacted in its current form, the Bill risks becoming an ineffective, inaccessible, and ultimately redundant legal instrument,” the letter said. “[B]y making a small but important amendment, we can ensure courts and judges are able to make timely, consistent and evidence-based determinations of SLAPP cases before legal costs have accrued.”

The signatories also called for the definition of public interest in the Bill to be refined in order to further strengthen the legislation. “We believe the current definition of public interest could introduce unnecessary uncertainty, which must be avoided for this Bill to be effective”, they said.

“[A]n Anti-SLAPP Law must be accessible, simple and trusted by public watchdogs to effectively protect free expression,” the signatories said.

Katharine Viner, Editor-in-Chief, The Guardian said: “SLAPPs threaten free speech and a free press by enabling those with deep pockets to harass, intimidate and exhaust critics with the goal of deterring public interest journalism. We welcome the work to get a workable anti-SLAPP law in place, with these small changes being vital to making that happen.”

Catherine Belton, International investigative reporter, Washington Post, Author, Putin’s People, said: “It’s really important that after all the crusading work by NGOs and MPs, journalists don’t end up with a law that is ultimately ineffective or worse, counterproductive, in combating SLAPPs. In its current form, the proposed legislation would not improve the situation for any journalist and instead more likely strengthen any claimant’s hand, as it will be near impossible to prove a claimant’s intent. This law must be urgently amended, otherwise we risk shooting ourselves in the foot.”

Media Contacts
For any questions or quotes from the Coalition, or to organise any media engagement on this, please contact info@antislapp.uk

Notes
● The letter was coordinated by the UK Anti-SLAPP Coalition, which is an informal working group established in January 2021, co-chaired by the Foreign Policy Centre, Index on Censorship and CliDef. It comprises a number of freedom of expression, whistleblowing, anti-corruption and transparency organisations, as well as media lawyers, researchers and academics who are researching, monitoring and highlighting cases of legal intimidation and SLAPPs, as well as seeking to develop remedies for mitigation and redress.
● For more information about the Coalition – www.antislapp.uk
● The letter sent to Alex Chalk KC MP with the full signatory list – https://antislapp.uk/wp-content/uploads/2024/04/Anti-SLAPP-Amendment-Letter-to-Alex-Chalk-KC-MP-1.pdf
● The Strategic Litigation Against Public Participation Bill – https://publications.parliament.uk/pa/bills/cbill/58-04/0021/230021.pdf
● For more details about the proposed amendment – https://antislapp.uk/wp-content/uploads/2024/04/Amendment-Text.pdf
● The UK Anti-SLAPP Coalition response to the publication of the Anti-SLAPP Private Members’ Bill – https://antislapp.uk/2024/02/20/anti-slapp-pmb-amendments/
● The UK Anti-SLAPP Coalition response to the publication of the ECCTA – https://antislapp.uk/2023/10/26/a-landmark-moment-but-we-cant-stop-here/

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