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
13 Apr 22 | News and features, Russia, Slapps, Statements
Vladimir Putin tours the Concord factory and meets director Yevgeny Prigozhin, photo: Government of the Russian Federation
The undersigned organisations express their serious concern at the legal proceedings being brought in London against journalist Eliot Higgins, founder of the investigative journalism outlet Bellingcat. The lawsuit is being taken by Yevgeniy Prigozhin, a Russian oligarch who is widely known as “Putin’s Chef” due to his catering businesses and his close ties to Russian president Vladimir Putin.
Prigozhin claims that he was defamed, and thereby caused serious reputational harm, by five tweets published by Higgins on his Twitter page in August 2020. He is suing Higgins not only for the content of the tweets, but for the content of the media articles (including reports by Bellingcat and CNN) that were linked in the tweets. The media articles referred to Prigozhin’s business operations’ tight links to Russia’s Defence Ministry and its intelligence arm, the GRU.
In September 2021, Prigozhin announced via his press office that he had intended to sue Higgins and Bellingcat in the UK but was prevented from doing so due to the sanctions that had been imposed on him. The UK imposed sanctions on Prigozhin in 2020 for involvement in “significant foreign mercenary activity in Libya and multiple breaches of the UN arms embargo.”
However in December 2021, Prigozhin succeeded in serving Higgins with the lawsuit. This raises questions around whether and why Her Majesty’s Treasury gave Prigozhin permission to proceed with the legal action despite the sanctions.
“We believe that the lawsuit that is being brought against Eliot Higgins is a strategic lawsuit against public participation,” the undersigned organisations said. SLAPPs are an abuse of the law aimed at silencing public interest speech. Index on Censorship has filed a media freedom alert to the Council of Europe Platform for the Protection of Journalism and Safety of Journalists.
In March 2022 Discreet Law LLP, which had been representing Prigozhin, successfully applied to withdraw from representing him. They did not publicly give any reason for the withdrawal at the time.
The preliminary hearing in the case is due to take place on 13 April 2022.
Signed:
Index on Censorship
ARTICLE 19
Committee to Protect Journalists
The Daphne Caruana Galizia Foundation
English PEN
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
International Academy Serbia
International Institute – International Media Center
International Press Institute
IFEX
Global Witness
The Global Forum for Media Development
Justice for Journalists Foundation
National Union of Journalists
Organized Crime and Corruption Reporting Project (OCCRP)
PEN International
Reporters Without Borders
The Society of Authors
Spotlight on Corruption
South East Europe Media Organisation – SEEMO
18 Feb 22 | Statements, United States
The undersigned organisations express their serious concern at the legal proceedings, also known as SLAPPs, that have been brought against investigative journalist Scott Stedman, his US media company Forensic News, and three of his colleagues.
Between June 2019 and June 2020, Forensic News published six articles and a podcast about the business affairs of British-Israeli security consultant and businessman Walter Soriano, after he was summoned by the United States’ Senate Intelligence Committee. The Committee was reportedly interested in Soriano’s connections to several people of interest, including the Russian oligarch Oleg Deripaska, who had been a former business associate of Donald Trump’s campaign chairman Paul Manafort.
The Forensic News team was sued by Soriano in July 2020, one month after they published their last article about him. Although the defendants are all based in the United States and Forensic News is incorporated in the state of California, the lawsuit has been brought in London.
A total of five claims were made in relation to data protection, libel, misuse of private information, harassment, and malicious falsehoods. Two of the claims, harassment and malicious falsehoods, have since been dismissed.
“We believe that the lawsuit that has been brought against Forensic News is a SLAPP,” the undersigned organisations said. SLAPPs abuse the law in order to silence critical coverage on matters of public interest. Index on Censorship has filed a media freedom alert to the Council of Europe Platform for the Protection of Journalism and Safety of Journalists.
“The case has many of the hallmarks of a SLAPP, including that Soriano is not only suing the news organisation, but also the four individual reporters. He also has lawsuits pending against investigative journalists in France and Israel, as well as against Twitter in Ireland,” the organisations said.
Due to the extremely expensive nature of mounting a legal defence in England and Wales, Forensic News is having to raise funds through an online crowdfunding campaign. The case is expected to go to trial before the end of 2022.
SIGNED:
Index on Censorship
Blueprint for Free Speech
The Campaign for Freedom of Information in Scotland (CFoIS)
Coalition For Women In Journalism (CFWIJ)
The Daphne Caruana Galizia Foundation
English PEN
European Centre for Press and Media Freedom (ECPMF)
IFEX
International Press Institute (IPI)
Justice for Journalists Foundation
Organized Crime and Corruption Reporting Project
Osservatorio Balcani Caucaso Transeuropa (OBCT)
PEN International
Reporters Without Borders (RSF)
Spotlight on Corruption
14 Jan 22 | Legal action against journalists, News and features, United Kingdom
The undersigned organisations reiterate their support for award-winning journalist and author, Carole Cadwalladr, who is facing a week-long defamation trial in London this week. Cadwalladr, who works for the Guardian Media Group in the UK, is being sued as an individual by millionaire businessman and political donor Arron Banks, best known for his role as co-founder of the 2016 Brexit campaign Leave.EU.
Banks originally filed four claims against Cadwalladr in July 2019, two of which he dropped in January 2020 after the judge found them to be “far-fetched and divorced from the specific context in which those words were used”. The remaining claims relate to Cadwalladr’s 2019 TED Talk, “Facebook’s Role in Brexit – and the Threat to Democracy” and a Twitter post linking to the TED Talk.
“When this lawsuit was filed more than two years ago, several organisations came together to call this legal action out as a strategic lawsuit against public participation (SLAPP), aimed at intimidating and silencing Cadwalladr. We today reaffirm this characterisation and unreservedly reiterate our support for Cadwalladr as she continues to defend her public interest work,” the organisations said.
SLAPPs abuse the law in order to intimidate and silence public watchdogs from speaking out on matters of public interest. Banks is pursuing legal action against Cadwalladr as an individual, rather than pursuing her media outlet in which the contested claims were originally made. Due to the expensive nature of the process in England, Cadwalladr has had to raise funds for her legal defence through crowdfunding. She has so far raised more than half a million pounds.
“We, once again, urge the UK government to consider measures, including legislative reforms, that would protect journalists and others working in the public interest from being subject to abusive legal actions intended to stifle public debate,” the organisations concluded. “Our democracy relies on the ability to hold power to account.”
Representatives from several of the undersigned organisations will be in attendance at the High Court this week to monitor proceedings.
Signed:
Index on Censorship
ARTICLE 19
Association of European Journalists
Campaign for Freedom of Information in Scotland (CFoIS)
Committee to Protect Journalists
English PEN
European Centre for Press and Media Freedom (ECPMF)
IFEX
International Press Institute (IPI)
Justice for Journalists Foundation
Mighty Earth
Organised Crime and Corruption Reporting Project (OCCRP)
PEN International
Reporters Without Borders (RSF)
Society of Journalists
Spotlight on Corruption
The Daphne Caruana Galizia Foundation
Whistleblowing International Network
