“Abusive” lawsuits used to silence sexual assault survivors, activists, journalists and others trying to report on matters of public interest must be tackled imminently, the Scottish Government has been told.
Strategic Lawsuits Against Public Participation (SLAPPs), which lawyers have described as “an abuse of the legal process”, are designed to remove information from the public domain or prevent it being published in the first place.
Campaigners, and an MSP who hosted a discussion about SLAPPs this week, argue the lawsuits are designed to shut down freedom of expression, and are urging ministers to take action in order to “protect our democracy”.
Many people threatened with a SLAPP do not have the time or money to legally defend themselves, and Scottish courts and judges have inadequate powers to dismiss the lawsuits.
As such, SLAPPs allow wealthy and powerful individuals and organisations to shut down scrutiny, and make it harder for bodies such as law enforcement agencies to gather information needed to tackle wrongdoing.
A petition urging the Scottish Government to tackle SLAPPs, from the former SNP MP, Roger Mullin, led to a consultation in which stakeholders are invited to share their experience of legal abuse – and present opportunities for reform – with ministers. The consultation closes on 23 May.
SLAPPs are a threat to democracy and we hope the consultation is the first step towards stamping them out.
Nik Williams, Scotland Anti-Slapp Working Group
The Scotland Anti-SLAPP Working Group argues that regulators have not responded to the threat of the lawsuits, and that government inaction would contradict ministers’ commitments to protect human rights.
Scotland is falling behind international efforts to tackle SLAPPs, it claimed, and pointed to progress made by the EU, the Council of Europe, US states and Canadian provinces.
The working group says the Scottish Government must quickly adopt an anti-SLAPP law to allow courts and judges to throw out SLAPP actions at the earliest stage possible.
To ensure a level playing field, the group said costs for those defending themselves must be minimised, and a defence fund should be established to protect public watchdogs and journalists from SLAPPs.
Meanwhile, those filing SLAPPs must face higher costs and sanctions for choosing to do so, it added.
Too many people have been caught up in this issue when they are simply trying to use their voice to speak the truth.
Michelle Thomson MSP, SNP
On 7 May, the SNP MSP Michelle Thomson held a roundtable discussion about SLAPPs, which included victims of legal abuse.
“I’m pleased to support the petition of Roger Mullin and the work underway to stop SLAPPs being used in Scotland,” she told The Ferret. “Too many people have been caught up in this issue when they are simply trying to use their voice to speak the truth.
“The Scottish Government has launched a consultation and I would encourage everyone to complete it. Taking action is a necessary step to protect our democracy.”
Nik Williams, convenor of the Scotland Anti-Slapp Working Group, said: “The consultation on SLAPPs is the first opportunity for Scotland to address the kind of legal threats that silence journalists, sexual violence survivors, social media users and everyone who speaks out.
“As well as preventing people from expressing themselves, SLAPPs prevent everyone from being able to receive the information they need to play an active role in society.
“They are a threat to democracy and we hope the consultation is the first step towards stamping them out.”
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Main image: Jorm Sangsorn/iStock
