The absence of Anti-SLAPP measures in the King’s Speech is a missed opportunity for stamping out legal bullying and the misuse of British Courts. This leaves survivors of Sexual and Gender based violence (SGBV) without protection from potential abusive lawsuits.
See the statement from the UK Anti-SLAPP Coalition, below.
Yet again, anti-SLAPP provisions are missing from the King’s Speech. We all stand to lose out.
Today, during the King’s Speech, which marked the State Opening of Parliament and outlined the Government’s agenda for the forthcoming parliamentary session, King Charles included a number of commitments across a wide range of policy areas. However, there was one key topic obvious in its omission – protecting British courts against the type of abusive lawsuits that drain court resources and silence public interest speech – Strategic Lawsuits against Public Participation (SLAPPs).
Without any commitment made today, the Government is not expected to bring forward anti-SLAPP provisions in the next legislative session. While the Prime Minister himself has called SLAPPs “intolerable”, and there have been resounding calls from both sides of the House and across the political spectrum in recent months, this omission is deeply disappointing and represents a significant missed opportunity.
The UK already has limited and flawed anti-SLAPP provisions contained within the Economic Crime and Corporate Transparency Act (ECCTA). However, they only cover reporting on economic crime and are dependent on a time-intensive and costly process by which the motivations or intentions of the SLAPP claimant must be determined. As demonstrated in the recent court victory by tax campaigner, Dan Neidle, the provision still requires significant time and financial expenditure to succeed, which is often beyond the reach of many of those who have been threatened. After today’s King’s Speech, it appears the Government is content with our dependence on these weak and flawed provisions.
Yet the status quo leaves everyone vulnerable to the types of legal abuse that can remove public speech or ensure it never sees the light of day in the first place. Over the last five years, the Coalition has monitored abusive legal threats and actions targeting journalists, local campaigners, environmental defenders, advocates, victims of crime, including survivors of sexual and gender-based violence, patients receiving medical care, community groups, tenants and members of the public speaking out online. SLAPPs are a society-wide problem and require the sort of society-wide remedy that only a universal and accessible anti-SLAPP law can provide. The absence of any commitment today will have long-term and deeply troubling consequences for the sort of public interest speech and civic engagement that makes democracy possible.
As the government has ceded leadership on this issue, the Coalition calls on MPs from all parties, as well as peers in the House of Lords, to make a stand for free expression, the civic space and the ability of everyone to express themselves freely by bringing forward a Private Members’ Bill to establish the much-needed protections.
The UK Anti-SLAPP Coalition co-chairs said:
“We are deeply disappointed by the lack of any legislative commitment to address SLAPPs in today’s King’s Speech. This omission effectively means efforts to tackle this issue remain stalled, despite previous commitments by Government officials to the contrary, and crucially leaves too many people vulnerable to being silenced for speaking out in the public interest. However, considering there is strong cross-party and cross-chamber support we hope other MPs or peers will take the step the Government has not and move to stamp out SLAPPs and protect democracy.”
The Gemini Project 