Ministers are in favor of taking action against frivolous legal actions that target journalists, academics, and activists in an attempt to intimidate them. These types of lawsuits are referred to as Slapps, or strategic litigation against public participation.
On Friday, Justice Secretary Alex Chalk announced that the government will back a bill proposed by Labour MP Wayne David to decrease the occurrence of Slapps in UK courts.
The government stated that wealthy individuals frequently employ lawsuits to halt the revelation of misconduct, utilizing complex legal proceedings to financially drain the defendants.
David’s proposal would give judges the power to throw out baseless lawsuits before they reach trial, thus shielding defendants from exorbitant expenses.
The proposed Slapps bill seeks to eliminate the fear of coercion by providing adequate recompense for individuals who face such actions.
The government has implemented additional legal safeguards regarding financial offenses, however, David’s proposal would expand them to safeguard freedom of speech for all individuals.
It would create a new dismissal mechanism to stop Slapps claims as early as possible, with claimants required to prove they were likely to succeed before the case was sent to trial.
A program to safeguard expenses would be established to shield defendants from claimants who intentionally amass excessive legal fees. Currently, the losing party is responsible for paying all costs, but proposed regulations would exempt the defendant from covering the claimant’s fees unless otherwise ordered by a judge.
On Friday, David informed members of parliament that bullying tactics can involve significant costs and damages in lawsuits, which can be intimidating. These tactics can also lead to severe consequences such as bankruptcy, homelessness, and loss of income, causing emotional distress.
This situation can lead to significant difficulties and mental strain. Unfortunately, numerous individuals are unable to endure it. In many cases, it can be likened to the biblical tale of David and Goliath, except in this scenario, David does not have a slingshot.
After reviewing his bill for a second time, he stated: “Wealthy, dishonest, and spiteful individuals have been utilizing Slapps as a means of intimidating and harassing journalists, community activists, scholars, and anyone who challenges them and speaks out for the greater good.”
“This significant legislation aims to safeguard the right to freedom of speech for all individuals, and I am delighted that it has garnered the backing of the primary political parties.”
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Chalk expressed gratitude towards David for introducing this crucial legislation. He emphasized that free speech and a free press are fundamental to our democracy, and silencing individuals in this manner is concerning.
He stated that it is our goal for individuals to feel empowered in confronting corruption, knowing that the law is in their favor.
There have been accusations that Russian wealthy individuals have been using legal action against those who criticize them. In one example, Roman Abramovich reached a settlement in a defamation lawsuit against HarperCollins and author Catherine Belton over her book “Putin’s People: How the KGB Took Back Russia and then Took on the West.” The book alleged that Abramovich purchased Chelsea football club in 2003 under the directive of the Russian president, a claim that was denied by both Abramovich’s spokesperson and the club.
According to David, not all Slapps claims are well-known. He also mentioned hearing about situations where patients who left negative reviews for failed plastic surgeries were served with Slapp claims by their surgeons, as well as tenants who spoke out about their uninhabitable housing being issued with Slapp claims by their landlords. He believes this is unjust and needs to be put to an end.
Conservative Member of Parliament, Chris Clarkson, expressed his desire to not rely on parliamentary immunity to speak out about what is just, right, and appropriate. He stated that the current legal system is being used to undermine a core principle of democracy, making it difficult for him to speak without hesitation or bias.
Kevin Brennan, a shadow justice minister, told the Commons his party supported the bill, adding: “It’s a step forward in an ongoing effort to protect freedom of expression and ensure that those who seek to report on wrongdoing can do so without fear of retribution.”
Source: theguardian.com
