Strategic Lawsuits Against Public Participation

Rebecca Long Bailey Excerpts

Thursday 21st November 2024 Commons Chamber

[Rebecca Long Bailey (Salford) (Ind)]

I thank the hon. Member for South Dorset (Lloyd Hatton) for his passionate and eloquent speech, and for securing the debate.

Strategic lawsuits against public participation, or SLAPPs, are essentially a misuse of the legal system through threatening claims that are brought to stifle lawful scrutiny and publication. They have been used to silence public participation by and suppress information from activists, environmental campaigners, non-governmental organisations, whistleblowers, victims of sexual assault and even people just posting negative product reviews online. The list of journalists who have faced SLAPPs simply for reporting in the public interest grows by the day. Of course, receiving a SLAPP causes immense mental and financial concern and distress. It is clear that most people targeted by SLAPPs cannot afford the legal costs of defending the claims against them.

Without effective anti-SLAPP legislation, everyone in the UK remains at risk if they choose to speak out on matters of public interest. That is why having an effective anti-SLAPPs regime in the UK is so important. Failure to have one essentially undermines democracy. It is certainly welcome that the Government are pushing for greater transparency in public life through enhanced reporting, updates to the ministerial code and changes to Government contract awards, but focusing solely on the public sector is not enough. The consequences of focusing only on the public sector could be chilling: at one end of the spectrum, the public may be denied knowledge about issues of public interest, and at the other end, the exposure of corruption and other forms of wrongdoing in many areas will be limited. That would continue to leave the most powerful with the ability to manipulate the legal system to conceal wrongdoing across the UK.

I agree with what others have said about the need for anti-SLAPP laws to balance access to justice for those who have a right to defend themselves, but in reality, SLAPP victims—journalists, campaigners and abuse survivors—often lack the resources to defend themselves against aggressive legal tactics designed to intimidate them and suppress the publication of their information. That is why a comprehensive anti-SLAPP Bill—which would balance access to justice for those who have a right to defend themselves against the pernicious use of SLAPPs—would help to ensure that justice is accessible to all, not just the wealthiest. It is important to stress that the EU passed anti-SLAPP directives earlier this year.

I have a few questions that the Minister can perhaps answer in her closing speech. I know that she welcomes a lot of what has been said today. The Justice Minister in the Lords said that the Government are undertaking a review of SLAPPs policy. What are the parameters of that review, and how can parliamentarians and civil society engage with it? Do the Government recognise that, although claimant lawyers of course have expertise that is useful to this debate, we should be sceptical about letting those who have a direct financial interest, and who deny the very existence of SLAPPs, have such a substantial influence on policy-making? Do the Government agree that we will have a hope of stamping out SLAPPs only with a comprehensive and robust anti-SLAPP Bill, and is there a realistic prospect of one appearing in the next King’s Speech or of another legislative vehicle being used in this Parliament? Is it not the case that, far from restricting access to justice, anti-SLAPP legislation will ensure that justice is accessible to all, not just to a privileged few who seek to manipulate the UK legal system?

SLAPPs essentially undermine the very nature of the UK legal system and the freedom of speech and expression that our country is so proud of. I hope that the Minister will address my concerns and those of colleagues in closing the debate.