SLAPPs – UK pledges ‘early dismissal process’

SLAPPs? What are those? They are Strategic Lawsuits against Public Participation. These are - often meritless - lawsuits brought by the super-wealthy against journalists. These actions are designed to coerce journalists or their publishers into dropping stories on them. For background, see here.

The UK Ministry of Justice's Strategic Lawsuits Against Public Participation (SLAPPs) Government Response to the Call for Evidence was published in July 2022.

Its foreword contained a pledge to introduce reforms including "a new statutory early dismissal process to stop these cases in their tracks - allowing judges to throw out claims that lack merit".

There is a proposed three-step test: in deciding whether to dismiss a case judges would need to consider whether there is genuine public interest in publication; whether there is an abuse of process ("such as whether the claimant has sent a barrage of highly aggressive letters on a trivial matter"); and whether the case has merit (whether it has a chance of success).

Justice Minister and Deputy Prime Minister Dominic Raab, who signed that foreword, is, however, presently pre-occupied in multiple investigations into his behaviour towards Ministry of Justice colleagues, so don't expect any implementation any time soon.

Data published by UNESCO in December shows a global increase in SLAPPs brought by the super-wealthy against journalists. In a very manageable 16 pages, the UNESCO document describes how a previous trend towards jurisdictions decriminalising libel has slowed. Some jurisdictions have actually made their libel law regimes stricter - often as part of a supposed crackdown on "fake news". There has also been a notable increase in "forum shopping" by the super-wealthy - finding the most favourable jurisdiction in which to sue people. This is, regrettably, often the jurisdiction of England and Wales.

© Matt Salusbury