Anti-SLAPP bills introduced in Commons and Lords in new campaign

Two parliamentary measures against abusive litigation are to be tabled this week in a renewed campaign to outlaw so-called SLAPPs.

Baroness Stowell of Beeston (Tina Stowell) and Sir John Whittingdale, MP for Maldon, will introduce separate private members’ bills in the Lords and the Commons respectively following the government's omission of the issue from the latest King's speech. 

Campaigners define strategic lawsuits against public participation (SLAPPs) as abusive legal threats that are intended not to win in court, but to silence, intimidate or financially exhaust those speaking out in the public interest. 

Lady Stowell’s bill, set to have its first reading today, would create a filter mechanism that empowers courts to swiftly dispose of SLAPPs at the earliest possible stage. A judge would make an assessment based on the public interest of the expression under claim and balance this against access to justice.

Campaign group the UK anti-SLAPP coalition said this would provide a more effective and comprehensive safeguard than the reforms introduced by the Economic Crime and Corporate Transparency Act 2023, which are limited to cases involving economic crime. 

Stowell said: 'The attack on free speech represented by SLAPPs is a stain on our legal system and a threat to a functioning democracy. For too long British courts have been used to hush-up unethical behaviour and corporate abuses. My new bill will level the playing field in these currently uneven legal disputes with a simple filter mechanism that is fair to both sides. With support on all sides of both houses of parliament, we can finally end abusive SLAPPs if the government gets behind this legislation and supports its passage.'

Whittingdale's draft bill, scheduled to be introduced tomorrow, would establish a similar early dismissal mechanism. He said: 'I am delighted to have this opportunity to introduce a private members’ bill to strengthen controls against SLAPPs. These represent an abuse of the legal system and for too long have been used by the rich and powerful to suppress legitimate investigative journalism and to muzzle free expression.'

Pia Sarma, chair of the Media Lawyers’ Association, said: 'Anti- SLAPP legislation prevents the weaponisation of the courts to silence public discourse. Legislation need not curb access to justice and an early dismissal mechanism can act as both deterrent and shield.'

While private members' bills rarely become law without the government's support, campaigners said that, given the historically strong cross-party support for anti-SLAPP legislation, there is prospect of reform reaching the statute book. Lord chancellor and deputy prime minister David Lammy said in May that he would bring forward legislation 'as soon as time allows'.