Strategic Litigation Against Public Participation Bill

Apsana Begum Excerpts

2nd reading
Friday 23rd February 2024 Commons Chamber

[Apsana Begum (Poplar and Limehouse) (Lab)]

I commend my hon. Friend the Member for Caerphilly (Wayne David) for his work in bringing this Bill to the House, and I thank campaigners for what they are doing to prevent the misuse of litigation to suppress freedom of speech. Democratic and press freedoms are fundamental to our rights and to challenging corruption and the abuse of power. When whistleblowers speak out and journalists and a free press report the truth, society is better for it.

Just this week, Julian Assange’s extradition appeal closed at the Royal Courts of Justice. It is concerning to hear that he is unwell and unable to appear in court. I am conscious that the proceedings are ongoing, but I want to say that human rights are central to what is happening in his case. The issue is not just how he has been treated, simply for telling the truth; if extradited, he could be at risk of treatment amounting to torture, and other forms of ill-treatment and punishment, including the death penalty.

Julian Assange’s case has profound consequences for press freedom and democracy around the world. We cannot say that we stand for press freedom if that freedom exists only if it does not challenge certain powers, or go beyond what they want. As my hon. Friend said, our freedoms are undermined when the rich and powerful use the threat of costly legal action to suppress public criticism. That is why, last year, many of us welcomed amendments to the Economic Crime and Corporate Transparency Act 2023 that gave UK judges new powers to dismiss lawsuits that attempt to silence those speaking out about economic crime. However, given the limited scope of the Act and certain shortcomings in its text, those amendments fell short of providing meaningful protection against SLAPPs.

There is inequality under the legislation for those subject to SLAPPs that do not relate to economic crime and corruption. We know that powerful men use their power and the law to silence women. The purpose of such proceedings, often described as gagging orders, is to silence, intimidate, discredit and further disempower survivors. Some campaigners call it gendered censorship. It happens in the UK, but it is also a global phenomenon.

Although I welcome the ambition of the Bill, I believe there may be scope for further amendments about the definition of a SLAPP, so that domestic abuse is fully covered, particularly in the understanding of “public interest”. I say that because we all know of a series of libel cases in which wealthy men have sought to protect their reputation when women accuse them of abuse. Current legislation puts survivors at a disadvantage. For example, under the Defamation Act 2013, the defendant in libel cases can argue a public interest defence, but that is not available to survivors. I appeal to the Government to look at that carefully, and at how the Bill can be extended beyond the civil courts to the family courts.

In January 2022, I participated in a Backbench Business debate on the use of lawfare and strategic litigation against public participation by those seeking to suppress public debate, bully people into submission and conceal vital information that is in the public interest. I described my experience of lawfare being used against me. The House will be aware that I was completely cleared and vindicated in Snaresbrook Crown court after what I and many others in my constituency and around the UK viewed to have been vexatious litigation, pursued with the purpose of shutting down my public participation as a democratically elected socialist Member of Parliament and a survivor of domestic abuse.

The use of lawfare by abusers to pursue their current or ex-partner is coming to light more and more. I am aware that the occurrence of civil litigation cases of this nature has drastically increased, particularly following the widely publicised Amber Heard versus Johnny Depp case in the US. The most common proceedings we see brought are by men accused of sexual misconduct and/or domestic violence launching vexatious cases in relation to defamation, libel, the misuse of private information, harassment and press injunctions.

The UN special rapporteur on freedom of expression, Irene Khan, writing in a dedicated report on gender censorship in 2021, said:

“In a perverse twist in the #MeToo age, women who publicly denounce alleged perpetrators of sexual violence online are increasingly subject to defamation suits or charged with criminal libel or the false reporting of crimes. Weaponising the justice system to silence women feeds impunity while also undermining free speech.”

In addition, barristers Jennifer Robinson and Dr Yoshida make the argument in their book that the current situation strikes an unfair balance between his right to reputation and her right to freedom of speech. What is missing in the legislation in the UK as it stands is a recognition of the importance of her additional rights: her right to live a life free from gender-based violence and her right to equality.

The practice of abusers weaponising civil litigation against survivors is a continuation of abuse, as well as additional trauma. I often find myself asking, “If we cannot speak about violence against women and girls, how can we even tackle it?” By their nature, these cases misuse the courts and are brought against survivors to silence them and re-victimise them emotionally and financially. I urge the Government to look at the situation in the family courts, as well as the civil courts. No one should suffer domestic abuse, and anyone in such a situation should be supported in speaking out. It is a matter of public good and public interest.