The government-backed amendment, focusing on economic crime, would make it harder for the rich and powerful to attempt to intimidate and silence critics through time-consuming and costly litigation and is expected to include an early-dismissal mechanism, says the Society of Editors.
The amendment, which is also anticipated to include powers for judges to consider whether claimants are deliberately targeting an individual journalist rather than their employer, is not, however, expected to include a cap on defendants’ legal costs – a key demand that campaigners, including the Society of Editors, have said is essential if the economic imbalance that is often a hallmark of SLAPP cases is to be tackled. Such a measure would require secondary legislation, it is understood.
Responding to today’s expected amendment, Dawn Alford, Executive Director of the Society of Editors said: “The expected inclusion of this new amendment by the government is a welcome and significant first step in tackling Strategic Lawsuits Against Public Participation (SLAPPs) and putting an end to the ability of the rich and powerful to weaponise and abuse the legal system to silence and intimidate their critics.
“Moving forward, it is essential that the government builds on this first step by also introducing further protections including a cap on costs to protect individuals from the threat of costly and prolonged litigation as well as sufficient penalties to deter the use of SLAPPs as an attractive method of intimidation.”
The Society of Editors had previously called on the government to expedite a promised package of measures to tackle SLAPPs saying that urgent reform is overdue. In November last year, the Society also joined the UK Anti-SLAPP Coalition and leading editors in calling on the government to bring in new legislation to stop the rich and powerful using the courts to intimidate journalists.
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