Strategic Litigation Against Public Participation Bill

Debate between Richard Foord and Wayne David

2nd reading
Friday 23rd February 2024 Commons Chamber

[Wayne David (Caerphilly) (Lab)]

I beg to move, That the Bill be now read the Second time.

I have been a Member of Parliament for nearly 23 years. [Hon. Members: “No!] I know it is difficult to believe for some, but it is true. This is the first occasion on which my name has been drawn in the private Member’s Bill ballot; I am pleased to say my name was drawn fourth. I thought long and hard about the most appropriate and best piece of draft legislation to bring forward. I decided on this Bill, because I genuinely think it is incredibly important, and I will set out to the House why that is.

The Bill tackles strategic litigation against public participation cases, widely known as SLAPPs, in all their forms. Last year, I and the Labour Opposition welcomed the measures enacted in the Economic Crime and Corporate Transparency Act 2023 that ensured that SLAPPs relating to economic crime can be tackled. I am pleased to bring forward a Bill to expand on that. Reform to protect freedom of speech and the public interest is something that all parties in Parliament hold dear. In all debates in this House and the other place there has been a broad consensus about the need for reform to tackle the pernicious effect of SLAPPs. However, in both Houses it has been clear that the Economic Crime and Corporate Transparency Act does not go far enough.

SLAPPs have taken and do take many forms. It is vital to bring forward legislation that genuinely tackles the issue in a holistic and rounded sense. There are many examples of SLAPPs. I will refer to a few high-profile cases that have reached court and received some publicity, and to others that have not received that much publicity.

I begin with a case that I am sure hon. Members will be aware of, because it has attracted a great deal of attention. In 2022, a defamation case was reportedly brought against the journalist Tom Burgis, the Financial Times and publishers HarperCollins by a Kazakh mining company. The case concerned a book by Burgis entitled “Kleptopia: How Dirty Money is Conquering the World”.

A defamation case was brought by Roman Abramovich against journalist Catherine Belton and HarperCollins regarding her book “Putin’s People”. It is an excellent book and well worth reading. There was a legal assault on the book through a number of lawsuits in quick succession, justifiably provoking a group of campaigners for free expression to state that London’s courts were becoming the venue of choice for legal action designed to “quash critical journalism”. Catherine Belton, the author of “Putin’s People”, has called for the introduction of reforms to tackle this global industry, based here in London. Hopefully, the Bill will begin to address this significant problem seriously.

Then there is the case of Amersi v. Leslie. A British business owner, Mohamed Amersi, brought a defamation case against Charlotte Leslie, a former Conservative MP and managing director of the Conservative Middle East Council. I am familiar with the case, because I am the shadow Minister for the middle east and north Africa. The case concerned a memo on Amersi’s background and dealings with Russia. It was put together in response to his attempt to become the chair of CMEC. The claim by Amersi was struck out, because he had failed to show how the memo caused serious harm to his reputation.

It is not only high-profile cases that involve SLAPPs. There is the case of Nina Cresswell who named a person who violently sexually assaulted her after her original report was dismissed by the police. She commendably wanted to alert other women who may become victims of sexual assault. The man who was named sued her for defamation. Ms Cresswell won a landmark judgment last year, but the very fact that she had to fight the case at all demonstrates the huge gaps that SLAPP claimants are only too ready to exploit, and we need to address that fact.

I have also heard stories of patients who have left negative reviews for botched plastic surgeries being issued with SLAPP claims by the surgeons. I have heard of tenants who have spoken out about their uninhabitable housing being issued with SLAPP claims by their landlords. That is wrong and it must be stopped.

I have given a few examples of relatively high-profile cases, and also of some that are not so well known. There are many cases that do not attract any attention in court and there are many more that we do not know about because individuals are intimidated before legal proceedings actually commence. The data that the Government have is only the tip of the iceberg. As I have suggested, SLAPPs are extremely pernicious before any action reaches court. Pre-action letters and legal pressure are applied well before proceedings are initiated. This often results in the search or the investigation being withdrawn before publication, or, in some cases, in a whole variety of different areas, the effectiveness of threats and intimidation are such that the cases never see the light of day. Accordingly, that will never be reflected in available data.

Then we come to the press in this country. Let us remember that, as a country that champions freedoms both here and abroad, we must ensure that our free press, which is a real pillar of our democracy, never feels so vulnerable that it self-censors on vital matters in the public interest. No one in the United Kingdom is above the law. Furthermore, no one should be above proper scrutiny on a matter of public interest.

As to the data we have, the provision of figures from the Coalition Against SLAPPs in Europe are deeply concerning in themselves. It estimates that there were 29 SLAPPs in England and Wales in 2022. That is up from 25 in 2021 and 11 in 2020. CASE’s August 2023 report recorded that the total figure in Europe over the past decade was 793.

[Richard Foord (Tiverton and Honiton) (LD)]

The hon. Member mentions the Coalition Against SLAPPs in Europe. I wonder whether he agrees with the Anti- SLAPP Coalition that the proposed Bill, as drafted, would introduce a subjective test, requiring a court to infer the state of mind and purpose of the filer. Does he agree with me that that would create complexity, costs and delay, which would potentially make the Bill ineffective?

[Wayne David]

It is an issue that has to be considered carefully, and, indeed, it has been given a great deal of consideration and much debate.