Introducing Anti-SLAPP Legislation

Chair: Charley Hasted; Aide: Baroness Pinnock; Hall Aide: Lucas North

Submitted by: 12 members 
Mover: Jess Brown-Fuller MP (Spokesperson for Justice) 
Summation: To be announced

Conference notes that:

1. A SLAPP – or Strategic Lawsuit Against Public Participation – is an abusive legal threat aimed at stifling public participation and protected speech.
2. In the Foreign Policy Centre's 2020 survey the UK was by far the most frequent country of origin for legal threats received by journalists investigating financial crime and corruption.
3. The Economic Crime and Corporate Transparency Act 2023 introduced anti-SLAPP protections for reporting on economic crime.
4. In April 2024, the Council of Europe Committee of Ministers approved Recommendation CM/Rec(2024)2, which establishes a set of minimum standards for Council of Europe member states, of which the UK is one, to tackle SLAPPs.
5. In May 2024, the Solicitors Regulation Authority (SRA) renewed its warning against the use of SLAPPs and provided detailed guidance on when it would take regulatory action against solicitors and law firms.
6. Currently there are no universal statutory protections to counter SLAPPs in UK law, meaning journalists, whistleblowers, campaigners and victims speaking out on matters of public interest unrelated to economic crime have no legal recourse.
7. Cases that reach court are just the ‘tip of the iceberg’, with pre-court intimidation and the threat of costly legal proceedings producing a chilling effect on journalists, campaigners and others acting in the public interest.
8. The Labour Government has repeatedly committed to introducing anti-SLAPP legislation, but has so far failed to do so.

Conference believes that:

1. Equal access to justice for all is a fundamental right in any democratic society.
2. Nobody should be able to use vast sums of money to silence legitimate scrutiny or public interest reporting.
3. The current anti-SLAPP regime is too narrow and does not provide proper protection across all areas of public interest.
4. The Labour Government is failing to act with any urgency, despite the threat SLAPPs pose to a healthy democracy.
5. Strong protections against SLAPPs are essential to upholding Britain’s long and proud history of media freedom, democratic accountability and the rule of law.
6. Effective anti-SLAPP legislation must distinguish between abusive litigation and legitimate claims in defamation, privacy and other areas of law.

Conference calls on the Government to:

1. Introduce comprehensive anti-SLAPP legislation covering all matters of public interest which would:
   1. Introduce a filter mechanism that empowers courts to swiftly dispose of SLAPPs.
   2. Extend early dismissal procedures and costs protection for defendants to all SLAPP cases, not just those involving economic crime.
   3. Empower courts to impose financial penalties on those who bring abusive SLAPP claims to deter future use and provide full compensation to those targeted.
2. Strengthen the regulatory powers of professional standards bodies and ensure robust enforcement against lawyers and law firms that engage in abusive SLAPP litigation.
3. Improve access to legal advice and support for journalists, whistleblowers, campaigners and others facing SLAPP threats.

Applicability: England and Wales.

Mover: 5 minutes; all other speakers: 3 minutes. For eligibility and procedure for speaking in this debate, see page 10 of the agenda. You can submit a speaker's card online here or in person.

The deadline for amendments to this motion is 13.00 Monday 7 September; see pages 11-12 of the agenda for more information.

Those selected for debate will be printed in Conference Extra and Monday’s Conference Daily. The deadline for requests for separate votes is 09.00 Sunday 20 September; see page 9 of the agenda for more information.