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The Guardian World1 min read
Legislation proposed to stop ‘lawfare’ targeting journalists and whistleblowers
TL;DR
New legislation aims to protect journalists, whistleblowers, and sexual assault victims from strategic lawsuits designed to silence them. Two private members’ bills have been introduced in parliament, with potential cross-party support amidst ongoing political turmoil.
Key points
- Legislation proposed to protect journalists and whistleblowers
- Two private members’ bills introduced in parliament
- Potential cross-party support from Labour ministers
- Slapps can lead to legal fees of up to £1 million
- Progress on the bills is hindered by political turmoil
A coordinated push to protect whistleblowers, journalists and victims of sexual assault from being sued by those who wish to silence them has been launched in both houses of parliament.
Two private members’ bills designed to crack down on strategic lawsuits against public participation, known as Slapps, have been introduced by Conservative members within 24 hours of each other, and are likely to attract cross-party support.
Labour ministers are understood to be supportive of the bills after frustration in the Ministry of Justice that similar measures did not form part of the king’s speech.
However, sources said progress was at an early stage given the political turmoil about a potential leadership challenge to Keir Starmer – though the MoJ would offer advice on the drafting.
The bills follow a long campaign for better protection from financially crippling lawsuits for those speaking up on issues of public interest. Claims that go all the way to trial can cost as much as £1m a party in legal fees, with the losing party paying the other side’s costs.
Tina Stowell, a former BBC communications chief who was leader of the House of Lords under David Cameron, published a draft bill on Tuesday, followed by John Whittingdale, the MP for Maldon and former Conservative culture secretary, who presented his strategic litigation against public participation bill on Wednesday.
Whittingdale said his bill, which is due to be debated in November, had support “across parliament” and from “all sections of the media”. He said Slapps “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”.
Lady 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.”
Her draft bill allows defendants facing libel suits, and other forms of legal action, to ask a judge to dismiss the case early in the process before costs rack up, if they can show that it relates to a matter of public interest.
Q&A
What are the proposed bills aimed at regarding journalists and whistleblowers?
The proposed bills aim to protect journalists, whistleblowers, and victims of sexual assault from being sued through strategic lawsuits against public participation, known as Slapps.
How much can legal fees cost in cases involving Slapps?
Legal fees in Slapps cases can reach up to £1 million per party if the case goes to trial, with the losing party responsible for the other side's costs.
Which political parties support the new legislation on Slapps?
The Conservative members introduced the bills, and Labour ministers are also reportedly supportive, indicating potential cross-party backing.
What is the current status of the legislation against Slapps?
The legislation is at an early stage due to political turmoil, including a potential leadership challenge to Keir Starmer, but the Ministry of Justice is expected to provide drafting advice.
