21 Sep 23 | News and features, Slapps, United Kingdom
Over 60 editors, journalists, writers, publishers, academics and experts, including the CEOs of ITN and Pan Macmillan, as well as the editors of The Guardian, The Telegraph, The Sun, The Times and The Sunday Times, the Financial Times, Bloomberg, Private Eye, Tortoise and The Mirror have written to Justice Secretary Alex Chalk KC MP to request that a standalone anti-SLAPP Bill is included in the King’s Speech. The letter has been sent ahead of the King’s Speech on 7 November, in which the Government will outline its priorities for the forthcoming parliamentary session.
The Government has already committed to bring forward a package of measures that take aim at Strategic Lawsuits Against Public Participation (SLAPPs). Launching the commitment in July 2022, the former Justice Secretary, Dominic Raab said: “I’m announcing reforms to uphold freedom of speech, end the abuse of our justice system, and defend those who bravely shine a light on corruption.” However, over a year after that commitment was made there has been little progress towards universal protection against SLAPPs. While limited anti-SLAPP provisions have been included in a recent amendment to the forthcoming Economic Crime and Corporate Transparency Bill, this is only a partial victory.
“As an important part of the global financial system, it is vital that the UK ensures journalists and public watchdogs are able to continue their work without risking legal harassment. However, this amendment does not go far enough as it only covers claims relating to the ‘public interest in protecting society from economic crimes’” the signatories said in their letter to the Justice Secretary. “It also introduces an unnecessary element of uncertainty by making the operation of the law contingent on the belief of the defendant and the perceived purpose of the filer.”
As this King’s Speech is the last to take place during this Parliament and before the expected next general election, it is the last opportunity for this Government to realise its commitment to stamp out SLAPPs. The UK Anti-SLAPP Coalition’s Model Anti-SLAPP Law produced with support from leading legal and industry experts, provides a road map towards protecting public watchdogs from legal harassment. Index on Censorship is a co-chair of the UK Anti-SLAPP Coalition which coordinated and sent the letter.
“ITN supports this initiative as an organisation committed to ensuring that journalists can undertake public interest investigations without fear of harassment or financial penalty. ITN’s motto is to bring truth to life, which is based on 67 years of independent journalism, and the belief that stories we can trust empower us all. An Anti-SLAPP Bill would signal to the world that the UK proudly supports journalism that can ask difficult questions and hold power to account and ultimately improve the world we live in.”
Rachel Corp, CEO of ITN
“This campaign to address the misuse of libel laws to the detriment of serious journalism is gathering the momentum it deserves. This country is unique in the hurdles it presents for public interest investigations and the chilling effect of its law before stories are even published. Independent, fearless journalism comes at a premium and our laws should not be used as an additional obstacle to publication.”
Pia Sarma, editorial legal director at Times Newspapers Ltd
“Until there are serious legislative steps, taken by Parliament to address the abuse of the UK legal system to target journalists, it’s safe to assume those abuses will continue. My own case demonstrates the absurdity of the current situation, and inaction at this stage is nothing less than complicity in the further abuse of the UK legal system, and a sad reflection on the inability of the British government to take blindingly obvious action on protecting fundamental democratic principles.”
Eliot Higgins, founder of Bellingcat
“SLAPPs are a real and growing threat to democracy, and we will all benefit from protecting journalists against these abusive lawsuits.”
Paul Caruana Galizia, reporter at Tortoise
“Many victims of sexual violence already go through immense amounts of internalised shame, especially when failed by the justice system. As a result, social media is now often sadly our last hope to protect others from abuse. But now, when we finally dare speak, we’re punished by SLAPP threats that are designed to destroy. It’s not a fair fight.”
Nina Cresswell, journalist, writer and former SLAPP target
The letter and list of signatories are below. Alternatively click here to read a PDF version
Sent Electronically
Mr. Alex Chalk KC MP, Secretary of State for Justice
Rt. Hon. Rishi Sunak MP, Prime Minister of the United Kingdom
Rt. Hon. Lucy Frazer KC MP, Secretary of State for Digital, Culture, Media and Sport
Rt. Hon. James Cleverly MP, Secretary of State for Foreign, Commonwealth and Development Affairs
Ms. Shabana Mahmood MP, Shadow Labour Secretary of State for Justice
Rt. Hon. Alistair Carmichael MP, Liberal Democrat Spokesperson for Home Affairs, Justice and Northern Ireland
Mr. Chris Stephens MP, Shadow SNP Spokesperson (Justice)
Mr. Paul Philip, Chief Executive, Solicitors Regulation Authority
Mr. Mark Neale, Director-General, The Bar Standards Board
Mr. Matthew Hill, Chief Executive, Legal Services Board
Ms. Dunja Mijatović, Council of Europe Commissioner for Human Rights
Ms. Teresa Ribeiro, Organization for Security and Co-operation in Europe, Representative on Freedom of the Media
Ms. Irene Khan, United Nations Special Rapporteur on on the Promotion and Protection of the Right to Freedom of Opinion and Expression
20 September 2023
Dear Alex Chalk KC MP,
We call on you to include an Anti-SLAPP law in the King’s Speech
We joined the UK Anti-SLAPP Coalition in welcoming the UK Government’s commitment to address Strategic Lawsuits Against Public Participation (SLAPPs) and their impact on the British justice system. However, we remain concerned by the lack of meaningful progress since the announcement in July 2022. The inclusion of a commitment in the forthcoming King’s Speech to bring forward a standalone Anti-SLAPP Bill will be an unequivocal statement that the UK Government is committed to stamp out SLAPPs.
We support the anti-SLAPP amendment to the Economic Crime and Corporate Transparency Bill as a significant step in the right direction to protect public interest reporting on economic crime. As an important part of the global financial system, it is vital that the UK ensures journalists and public watchdogs are able to continue their work without risking legal harassment. However, this amendment does not go far enough as it only covers claims relating to the “public interest in protecting society from economic crimes”. It also introduces an unnecessary element of uncertainty by making the operation of the law contingent on the belief of the defendant and the perceived purpose of the filer. The Government itself has acknowledged the current amendment as “the first step in cracking down on SLAPPs used to limit freedom of speech,” not the full realisation of its commitment.
Therefore, the next step must be a standalone Anti-SLAPP Bill to extend protections to everyone who speaks out in the public interest. The UK Anti-SLAPP Coalition has demonstrated how this can be done with their Model Law which we shared with your office last year. As a result, there is no reason why a standalone Anti-SLAPP Bill shouldn’t be included in the King’s Speech. Only with the fulfilment of a universally applicable law will the Government’s commitment be realised.
Many of the cases that have been monitored by the Coalition would have been unaffected by the proposed amendment. This includes the legal threat from the Russian warlord Yevgeny Prigozhin against Bellingcat founder Eliot Higgins, ENRC’s SLAPP action against journalist and author Tom Burgis and the defamation action brought against Nina Cresswell by her abuser after she bravely spoke out to protect other women, to name but a few. Cases like these demonstrate the need for an anti-SLAPP bill that protects everyone speaking out.
The Government will, in its own words, “set out further legislation beyond economic crime when parliamentary time allows.” This can only happen if an Anti-SLAPP Bill is included in the King’s Speech, which will outline the Government’s programme of work in the coming Parliamentary session. This would be the last opportunity to realise the commitment before the expected general election.
Addressing this issue has broad public and political support and represents a significant opportunity to protect free speech and shield British courts from abuse.
Kind regards,
Rachel Corp, CEO, ITN
Alison Phillips, Editor, The Mirror
Chris Evans, Editor, The Telegraph
Katharine Viner, Editor-in-Chief, The Guardian
Victoria Newton, Editor-in-Chief, The Sun
Paul Webster, Editor, The Observer
Roula Khalaf, Editor, The Financial Times
Tony Gallagher, Editor, The Times
Ben Taylor, Editor, The Sunday Times
John Micklethwait, Editor-in-Chief, Bloomberg
Ian Hislop, Editor, Private Eye
Alan Rusbridger, Editor, Prospect Magazine
Zanny Minton Beddoes, Editor-in-Chief, The Economist
Julian Richards, Managing Editor, openDemocracy
Oliver Duff, Editor-in-Chief, i
Rozina Breen, CEO, The Bureau of Investigative Journalism (TBIJ)
Drew Sullivan, Co-Founder, Organized Crime and Corruption Reporting Project (OCCRP)
Paul Radu, Co-Founder, OCCRP
Eliot Higgins, Founder, Bellingcat
James Harding, Founder & Editor, Tortoise
Franz Wild, Editor, TBIJ
Joanna Prior, CEO, Pan Macmillan
Arabella Pike, Publishing Director, HarperCollins UK
Dan Conway, CEO, Publishers Association
José Borghino, Secretary General, International Publishers Association
Michelle Stanistreet, General Secretary, National Union of Journalists (NUJ)
Sayra Tekin, Director of Legal, News Media Association (NMA)
Dawn Alford, Executive Director, Society of Editors
Gill Phillips, Editorial Legal Consultant, Guardian News & Media
Pia Sarma, Editorial Legal Director, Times Newspapers Ltd
Adam Cannon, Director of Legal, NGN
Sarah Baxter, Director, Marie Colvin Center for International Reporting
Rachel Oldroyd, Deputy Investigations Editor, The Guardian
Juliette Garside, Deputy Business Editor, The Guardian
Stewart Kirkpatrick, Head of Impact, openDemocracy
Chrissie Giles, Deputy Editor, TBIJ
Richard Sambrook, Co-Chair of the Board, TBIJ
Isabel Hilton, Co-Chair of the Board, TBIJ
Mark Stephens CBE, Partner, Howard Kennedy LLP
Matthew Jury, Managing Partner, McCue Jury and Partners
Caroline Kean, Consultant Partner, Wiggin
David Price KC
Rupert Cowper-Coles, Partner, RPC
Paul Caruana Galizia, Reporter, Tortoise
Oliver Bullough, Journalist and author
Peter Geoghegan, Journalist and author
Carole Cadwalladr, Journalist, The Observer
Catherine Belton, Journalist and author of Putin’s People: How the KGB took back Russia and then took on the west
Richard Brooks, journalist, Private Eye
Meirion Jones, investigative journalist
Sean O’Neill, Senior Writer, The Times
George Greenwood, Investigations Reporter, The Times
Clare Rewcastle Brown, Investigative Journalist and Founder, The Sarawak Report
Nina Cresswell, Writer and journalist
Matthew Caruana Galizia, Director, The Daphne Caruana Galizia Foundation
Jodie Ginsberg, President, Committee to Protect Journalists
Alexander Papachristou, Executive Director, Cyrus R. Vance Center for International Justice
Zelda Perkins, Co-Founder, Can’t Buy My Silence campaign to ban the misuse of NDAs
Dr Julie Macfarlane, Co-Founder, Can’t Buy My Silence campaign to ban the misuse of NDAs
James Nixey, Director, Russia and Eurasia Programme, Chatham House
Edward Lucas, Author, European and transatlantic security consultant and fellow at the Center for European Policy Analysis (CEPA)
John Heathershaw, Professor of International Relations, University of Exeter
Dr Tena Prelec, Research Associate, LSEE Research on SEE, LSE
Dr Peter Coe, Associate Professor in Law, Birmingham Law School, University of Birmingham
Thomas Mayne, Research Fellow, University of Oxford
29 Nov 22 | News and features, Statements, United Kingdom
29 November 2022
To the Rt. Hon. Dominic Raab MP
Deputy Prime Minister and Lord Chancellor and Secretary of State for Justice
Copies sent to:
Rt. Hon. Dominic Raab, Deputy Prime Minister and Lord Chancellor and Secretary of State for Justice
Rt. Hon. Rishi Sunak MP, Prime Minister of the United Kingdom
Rt. Hon. Michelle Donelan MP, Secretary of State for Digital, Culture, Media and Sport
Rt. Hon. James Cleverly MP, Secretary of State for Foreign, Commonwealth and Development Affairs
Mr. Steve Reed MP, Shadow Labour Secretary of State for Justice
Rt. Hon. Alistair Carmichael MP, Liberal Democrat Spokesperson for Home Affairs, Justice and Northern Ireland
Ms. Anne McLaughlin MP, Shadow SNP Spokesperson (Justice)
Mr. John Penrose MP, UK Government Anti Corruption Champion
Mr. Paul Philip, Chief Executive, Solicitors Regulation Authority
Mr. Mark Neale, Director-General, The Bar Standards Board
Ms. Dunja Mijatović, Council of Europe Commissioner for Human Rights
Ms. Teresa Ribeiro, Organization for Security and Co-operation in Europe, Representative on Freedom of the Media
Ms. Irene Khan, United Nations Special Rapporteur on on the Promotion and Protection of the Right to Freedom of Opinion and Expression
Re: Adoption of a UK Anti-SLAPP Law
As a group of leading editors, journalists, publishers, lawyers and other experts, we are writing to express our support for the Model UK Anti-SLAPP Law launched this November by the UK Anti-SLAPP Coalition – and to urge you to move swiftly to enshrine these proposals in law.
Events over the past year have shone a light on the use of abusive lawsuits and legal threats to shut down public interest speech. This is a problem that has long been endemic in newsrooms, publishing houses, and civil society organisations. In an age of increasing financial vulnerability in the news industry, it is all too easy for such abusive legal tactics to shut down investigations and block accountability.
We welcome your commitment to bring in reforms to address Strategic Lawsuits Against Public Participation (SLAPPs), as you said on 20 July 2022, in order to “uphold freedom of speech, end the abuse of our justice system, and defend those who bravely shine a light on corruption.” High-profile cases – such as those targeting Catherine Belton, Tom Burgis, Elliot Higgins, and more recently openDemocracy and The Bureau of Investigative Journalism – are just the most visible manifestation of a much broader problem which has affected newspapers across Fleet Street and the wider UK media industry for many years.
The public interest reporting targeted by SLAPPs is vital for the health of democratic societies, including law enforcement’s ability to investigate wrongdoing promptly and effectively. This is of acute importance in the UK, which journalistic investigations have repeatedly shown to be a hub for illicit finance from kleptocratic elites. As of April 2022, the National Crime Agency (NCA) has estimated the scale of money laundering impacting the UK is in excess of £100bn a year.
Journalism has a huge role to play in tackling this problem. For example, investigations by the Organized Crime and Corruption Reporting Project (OCCRP) into the ‘Azerbaijani Laundromat’ scandal supported the NCA in seizing millions in corrupt funds from a number of individuals, including £5.6 million from members of one Azerbaijani MP’s family. Prior to the NCA’s seizure, the same MP had spent two years pursuing Paul Radu, co-founder of OCCRP through London’s libel courts. The inequality of arms in such cases is clear. As Radu notes: “The people suing journalists in the UK rely on these huge legal bills being so intimidating that the journalists won’t even try to defend themselves.”
In March 2022, at the launch of the Government consultation on SLAPPs, you stressed that “The Government will not tolerate Russian oligarchs and other corrupt elites abusing British courts to muzzle those who shine a light on their wrongdoing.” The findings of the consultation, published in July, clearly stated that “the type of activity identified as SLAPPs and the aim of preventing exposure of matters that are in the public interest go beyond the parameters of ordinary litigation and pose a threat to freedom of speech and the freedom of the press.”
Fortunately, there is an oven-ready solution to this problem. The Model Anti-SLAPP Law, drafted by the UK Anti-SLAPP Coalition in consultation with leading media lawyers and industry experts, would provide robust protection against SLAPPs, building on the framework proposed by the Ministry of Justice in July. Key features include:
- A filter mechanism that empowers courts to swiftly dispose of SLAPPs without the need for a subjective enquiry into the state of mind of the SLAPP filer. This mechanism should subject claims that exhibit features of abuse to a higher merits threshold.
- Penalties that are sufficient to deter the use of SLAPPs and provide full compensation to those targeted. Such penalties should take into account the harm caused to the defendant and the conduct of and the resources available to the claimant.
- Protective measures for SLAPP victims including cost protections, safeguards, and measures to reduce the ability of SLAPP claimants to weaponise the litigation process against public watchdogs.
The need could not be more urgent. Research by the Foreign Policy Centre and other members of the UK Anti-SLAPP Coalition has found that SLAPPs are on the rise and that the UK is the number one originator of abusive legal actions. In fact, the UK has been identified as the leading source of SLAPPs, almost as frequent a source as all European Union countries and the United States combined.
The EU has already taken steps, with a proposed Anti-SLAPP Directive announced in April. In the US, 34 US states already have anti-SLAPPs laws in place, and this year Congress has introduced the first federal SLAPP Protection Act. Moreover, the US has also launched the Defamation Defense Fund, recognising the impact SLAPP actions have on journalists, as they “are designed to deter them from doing their work.”
You have made clear your commitment to strengthening legal protections against these legal tactics. It is crucial momentum is not lost. We encourage you to put forward, in the earliest possible time frame, legislation in line with the model UK Anti-SLAPP Law, to ensure that the UK can keep pace and contribute to this global movement to protect against SLAPPs.
Yours,
John Witherow, Chairman, Times Media
Emma Tucker, Editor, The Sunday Times
Tony Gallagher, Editor, The Times
Victoria Newton, Editor-in-Chief, The Sun
Paul Dacre, Editor-in-Chief, DMG media
Ted Verity, Editor, The Daily Mail
Katharine Viner, Editor-in-Chief, The Guardian
Paul Webster, Editor, The Observer
Alison Phillips, Editor, The Mirror
Oliver Duff, Editor-in-Chief, i
Roula Khalaf, Editor, The Financial Times
Chris Evans, Editor, The Telegraph
Alan Rusbridger, Editor, Prospect Magazine
Ian Hislop, Editor, Private Eye
Zanny Minton Beddoes, Editor-in-Chief, The Economist
Alessandra Galloni, Editor-in-Chief, Reuters News Agency
John Micklethwait, Editor-in-Chief, Bloomberg
Drew Sullivan, Co-founder and Publisher, Organised Crime and Corruption Reporting Project (OCCRP)
Paul Radu, Co-founder and Chief of Innovation, OCCRP
Rozina Breen, CEO, The Bureau of Investigative Journalism (TBIJ)
Peter Geoghegan, Editor-in-Chief and CEO, openDemocracy
Nick Mathiason, Co-founder and Co-director, Finance Uncovered
Gerard Ryle, Director of the International Consortium of Investigative Journalists (ICIJ)
David Kaplan, Executive Director, Global Investigative Journalism Network (GIJN)
Michelle Stanistreet, General Secretary, National Union of Journalists (NUJ)
Dawn Alford, Executive Director, Society of Editors
Sayra Tekin, Director of Legal, News Media Association (NMA)
Sarah Baxter, Director, Marie Colvin Center for International Reporting
Paul Murphy, Head of Investigations, Financial Times
Rachel Oldroyd, Deputy Investigations Editor, The Guardian
Carole Cadwalladr, journalist, The Observer
Catherine Belton, journalist and author of the book, Putin’s People: How the KGB took back Russia and then took on the west
Tom Burgis, reporter and author of the book, Kleptopia: How dirty money is conquering the world
Oliver Bullough, Journalist and author
Clare Rewcastle Brown, investigative journalist and founder of The Sarawak Report
Richard Brooks, journalist, Private Eye
Matthew Caruana Galizia, Director of The Daphne Caruana Galizia Foundation
Mark Stephens CBE, Partner at Howard Kennedy LLP
Caroline Kean, Consultant Partner, Wiggin
Matthew Jury, Managing Partner, McCue Jury and Partners
David Price KC
Rupert Cowper-Coles, Partner at RPC
Conor McCarthy, Barrister, Monckton Chambers
Pia Sarma, Editorial Legal Director, Times Newspapers Ltd
Gill Phillips, Director of Editorial Legal Services, Guardian News & Media
Lisa Webb, Senior Lawyer, Which?
Juliette Garside, Deputy Business Editor, The Guardian and The Observer
Alexander Papachristou, Executive Director of the Cyrus R. Vance Center for International Justice
José Borghino, Secretary General, International Publishers Association
Dan Conway, CEO, Publishers Association
Arabella Pike, Publishing Director, HarperCollins Publishers
Joanna Prior, CEO of Macmillan Publishers International Limited
Meirion Jones, Editor, TBIJ
Emily Wilson, Bureau Local Editor, TBIJ
James Ball, Global Editor, TBIJ
Franz Wild, Enablers Editor, TBIJ
James Lee, Chair of the Board, TBIJ
Stewart Kirkpatrick, Head of Impact, openDemocracy
Moira Sleight, Editor, the Methodist Recorder
Paul Caruana Galizia, reporter, Tortoise
Tom Bergin, journalist and author
James Nixey, Director, Russia and Eurasia Programme, Chatham House
Edward Lucas, Author, European and transatlantic security consultant and fellow at the Center for European Policy Analysis (CEPA)
Sean O’Neill, Senior Writer, The Times
Dr Peter Coe, Associate Professor in Law, Birmingham Law School, University of Birmingham
Alex Wilson, Partner at RPC
George Greenwood, Investigations Reporter, The Times
Simon Bowers, Investigations Editor, Finance Uncovered
John Heathershaw, Professor of International Relations, University of Exeter
Tena Prelec, Research Fellow, DPIR, University of Oxford
Thomas Mayne, Research Fellow, DPIR, University of Oxford
Jodie Ginsberg, President, Committee to Protect Journalists
Dr Julie Macfarlane, Co-Founder, Can’t Buy My Silence campaign to ban the misuse of NDAs
Zelda Perkins, Co-Founder, Can’t Buy My Silence campaign to ban the misuse of NDAs
20 Jul 22 | News and features, Statements, United Kingdom
The Royal Courts of Justice, the scene for many SLAPP actions in the UK. Photo: PxHere
The co-chairs of the UK Anti-SLAPP Coalition welcome today’s announcement that the government intends to introduce a package of legislative measures aimed at putting an end to strategic lawsuits against public participation (SLAPPs) in the UK.
Noting that many of the UK Anti-SLAPP Coalition’s recommendations are reflected in the proposals, the co-chairs commend the government for clearly stating its intention to introduce primary legislation to address this issue. They are pleased to see it is a recognised priority to filter SLAPPs out of the court process as quickly as possible, regardless of the law weaponised by the SLAPP litigant.
At the same time, the co-chairs urge the government to be bolder in the measures aimed at tackling SLAPPs. In particular they point to the need for a higher threshold to filter out SLAPPs, the need to reduce and compensate SLAPP targets for the harm caused by the litigation process, and the need for measures – such as punitive damages – to deter SLAPP litigants from targeting public watchdogs with abusive legal threats and actions.
Charlie Holt, UK Campaigns Manager at English PEN, said: “The government’s proposals provide a solid foundation for tackling the problem of SLAPPs. With this framework in place, the Government must now ensure its proposed law is sufficiently ambitious to decisively tackle the problem of SLAPPs. This is a once-in-a-generation opportunity to protect public public watchdogs from abusive lawsuits – it’s crucial the government’s measures do not fall short of what is needed”
Susan Coughtrie, Project Director at the Foreign Policy Centre said: “Thankfully it is clearly no longer a question as to whether SLAPPs are a problem in the UK, but what measures will most effectively address them. We are highly encouraged to see the government’s proposals, which reflect many of the UK Anti-SLAPP Coalition’s recommendations. How quickly these reforms will be implemented and their effectiveness in remedying the UK’s SLAPPs problem will be a key part of our continued focus on this issue.”
Jessica Ní Mhainín, Policy and Campaigns Manager at Index on Censorship said: “We welcome the government’s intention to take action against SLAPPs and we look forward to working with officials to ensure that the strongest possible measures are adopted to ensure that public watchdogs are no longer subject to legal intimidation.”
//ends//
Notes to Editors:
- The UK Anti-SLAPP Coalition is an informal working group, established in January 2021, made up of representatives from freedom of expression, press freedom, anti-corruption, and human rights organisations, as well as media lawyers, researchers and academics who are monitoring and highlighting cases of legal intimidation and SLAPPs, as well as seeking to develop remedies for mitigation and redress.
- The UK Anti-SLAPP Coalition’s submission to the Ministry of Justice’s SLAPPs consultation is available in full at https://fpc.org.uk/wp-content/uploads/2022/07/Joint-UK-anti-SLAPPs-Consultation-Submission.pdf
22 Jun 22 | News and features, Statements, United Kingdom
Today, the UK Government presented its new Bill of Rights before Parliament, claiming that it will “restore a proper balance between the rights of individuals, personal responsibility and the wider public interest”. In reality, the new Bill will undermine the universality of all human rights and weaken the ability of courts to give effect to protection of fundamental human rights, including freedom of expression. It will expand state power and hamper efforts to hold the Government to account, joining other legislative measures – such as the Judicial Review and Courts Act 2022 – that have reduced the ability to challenge government overreach.
The Bill is set to replace the Human Rights Act, which has protected human rights and the freedom of expression of people living in the UK for over twenty years.
The Government claims that replacing the Human Rights Act with a new Bill of Rights will strengthen freedom of expression. As human rights organisations that promote and defend the right to freedom of expression worldwide, we unequivocally reject this false narrative. Freedom of expression is too important to be used as cover for weakening the protection of human rights. On the contrary, as detailed in our joint consultation response, the Human Rights Act has bolstered free expression in the UK in a number of areas: strengthened defamation law; enhanced protection of journalistic sources and material; strengthened protection of the right to protest; and restricted perception-based recording of non-crime incidents, among other things.
ARTICLE 19, Index on Censorship and English PEN believe that if the Government is serious about its purported goal to strengthen freedom of expression in the UK, it should instead focus its attention on reforming a number of problematic laws and legislative proposals it has brought forward, including the National Security Bill, the Online Safety Bill, the Higher Education (Freedom of Speech) Bill, the Public Order Bill, and the Police, Crime, Sentencing and Courts Act.
Deputy Prime Minister and Justice Secretary Dominic Raab. Photo: Joe Giddens/PA Wire/PA Images
We urge the Government to abandon any proposal that would replace or weaken the Human Rights Act in any way. Moreover, it must follow the normal procedures for introducing new law – particularly a bill that could have such sweeping repercussions – and allow for proper, thorough democratic scrutiny of the bill. Rushing through such legislation could put the protection of human rights of the people in the UK at risk and fail to offer the levels of protection to which they are entitled, and which the Human Rights Act has already enshrined in law. One of the justifications for the Bill of Rights is to give greater weight to the views of elected lawmakers. By reducing the opportunity for these same lawmakers to scrutinise the Bill, it demonstrates the hollow commitment to democracy and the rule of law that underpins this Bill.
In the letter to Justice Secretary, Dominic Raab, this month, our organisations were among a coalition of 150 organisations from across civil society that called on the Government to provide pre-legislative scrutiny of the proposed Bill of Rights. We warned that the proposal to repeal and replace the Human Rights Act would be a significant constitutional reform, which requires careful and robust consideration. The rights of individuals could be compromised if such a process was hurried.
