Justice Secretary Dominic Raab announced proposals on Wednesday for a three-stage trial to tackle at an early stage bullying legal actions against journalists and publishers, known as strategic public participation actions, or Slapps. The slaps have come under the spotlight with Russia’s invasion of Ukraine and allegations that oligarchs close to Vladimir Putin are using expensive court procedures in British courts to shut down criticism and prevent investigations into their affairs. The government said the proposed test would first assess whether the case is against journalistic activity that is in the public interest, such as investigating financial wrongdoing by a company or individual. It will then consider whether there is evidence of an abuse of process, such as whether the claimant has sent a barrage of extremely aggressive letters about a trivial matter. Third, it will consider whether the case has a realistic prospect of success. Anyone subject to a suspected Slapp will be able to ask the court to consider it for early dismissal. Announcing its intention to legislate “as soon as possible”, the government also proposed a cap on costs to “enable the proper defense of frivolous cases”, which can be created by ministers under secondary legislation without the need for parliamentary approval . Raab said: “We will not allow those who fund Putin to take advantage of the UK’s legal jurisdiction to silence their critics. That’s why today I’m announcing reforms to protect free speech, end the abuse of our justice system, and defend those who bravely shine a light on corruption.” The government cited a case brought against Tom Burgis, the author of Kleptopia: How Dirty Money Conquering the World, by Kazakhstan’s mining group ENRC in a high-profile case thrown out by the high court. Dawn Alford of the Society of Editors. Photo: Martin Godwin/The Guardian He said that by issuing a barrage of legal letters, the purpose of a Slapp was often to suppress publications without a case ever coming to court and being reported. Responses to a call for evidence showed they were working, preventing stories about specific people or issues, the government said. The decision to introduce an earlier stage to dismiss cases follows in the footsteps of several US states and Canadian provinces, and the urgings of former cabinet minister and anti-slapp campaigner David Davis and media defense lawyers. Michelle Stanistreet, general secretary of the National Union of Journalists, said the proposals were “an important step in tackling the use of slaps and other forms of law designed to obstruct journalistic investigations. The abuse of the law by the cunning and powerful, who deeply resent the legitimate work of the media to hold them to account, is a scourge that must be eradicated.” Dawn Alford, the executive director of the Society of Editors, described the measures as “essential protections that should prevent the wealthy from using the threat of costly litigation to silence their critics and should allow journalists and others the ability to fulfill their roles as an audience. guardian without intimidation or intimidation’. The government said it would determine the level of cost caps and the design of the system in due course and further consider the case for defamation law reform.
