Libel and Defamation Cases: Cost to Public Funds

Baroness Helic Excerpts

Monday 14th June 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, it is not what the Government are doing but what the Government have done. Section 9 of the Defamation Act 2013 provides that if a defendant is domiciled out of the jurisdiction then London can hear the case only if the judge is clear that this is the appropriate forum. That Act also contains defences of truth, honest opinion and public interest.

[Baroness Helic (Con) [V]]

My Lords, strategic lawsuits against public participation—SLAPPs—are lawsuits brought by powerful individuals or bodies to silence anyone who investigates or criticises them. Before her assassination, the late Daphne Anne Caruana Galizia faced 47 different legal actions trying to prevent her reporting on corruption, and countless legal threats, including some launched by English lawyers with the threat of action in English courts. Other countries, such as Australia, parts of the US and Canada, have passed legislation to prevent SLAPPs, including mechanisms to quickly dismiss them, and sanctions for those who abuse the courts in this way. Can Her Majesty’s Government follow suit?

[Lord Wolfson of Tredegar (Con)]

My Lords, the Government always take action to protect freedom of expression to safeguard the work of journalists. The forthcoming online safety legislation will enshrine in law protections for journalistic content and free debate. We will, however. also keep a very close eye on what is called the SLAPP jurisdiction. My noble friend mentions Australia and Canada; she may also wish to read a recent judgment from the Western Cape High Court, the case of Mineral Sands Resources (Pty) Ltd, in which Deputy Judge President Patricia Goliath set out in very clear terms the advantages of a SLAPP jurisdiction. This may be the first occasion of a David praising the work of a Goliath.