Guidance

Fourth Meeting of the Strategic Lawsuits Against Public Participation (SLAPPs) Taskforce

Updated 9 May 2024

This was published under the 2022 to 2024 Sunak Conservative government

25 March 2024 11:00-12:30

1. Introduction from Chair 

Janis Makarewich-Hall, Deputy Director for Radio, Advertising and Press at DCMS, and Taskforce Chair, (JMH), opened the meeting thanking guest speakers Minister for Media, Tourism, and Creative Industries Julia Lopez (MMTCI) and Bill Browder, CEO of the Hermitage Capital Management and Head of the Global Magnitsky Justice Campaign (BB), and welcomed the the positive momentum built by the Taskforce so far. JMH noted apologies from Michelle Stanistreet of the National Union of Journalists, Fiona O’Brien of Reporters Without Borders, and Dawn Alford of the Society of Editors, who delegated attendance to Claire Meadows. JMH also noted the meeting will take place under the Chatham House rule.

2. Opening remarks from MMTCI

MMTCI gave an overview of the challenges facing journalists and welcomed the establishment of the SLAPPs taskforce whilst on maternity leave. MMTCI highlighted the need for a multilateral approach when tackling SLAPPs, and noted her confidence in the measures being introduced via the National Action Plan for the Safety of Journalists and SLAPPs Taskforce. MMTCI was clear that media freedom is an important metric by which strong democracies are judged and it remains a personal priority for her. 

3. MoJ update

JMH invited Kate Gregory-Smith, Deputy Director of Civil Justice & Law Policy at the Ministry of Justice (KGS) to provide a brief update on the work of the MoJ. 

Sayra Tekin, (ST), Director of Legal at the News Media Association (NMA), noted the importance of the SLAPPs Private Members Bill in ensuring that abuse of the legal system which is targeted at journalists must be prevented. ST, alongside Susan Coughtrie, Director of The Foreign Policy Centre and David McNeil, Director of Public Affairs of the Law Society (DM) encouraged open communication between MoJ and Taskforce members ahead of the Bill’s committee stage, to ensure any amendments are as effective as possible.

Pia Sarma (PS), Chair of the Media Lawyers Association (MLA) noted that amendments to the draft legislation may be necessary to achieve desired outcomes of protecting journalists. KGS highlighted the complexities of parliamentary passage, but was keen to engage on this. PS noted concerns over the PMB and the resulting difficulties in representing the legislation in the SLAPPs guidance being produced by the MLA. 

4. Deep Dive on Workstream 1: Understanding and monitoring the prevalence and nature of SLAPPs

JMH passed to Carly Nimmo, Head of Press at DCMS (CN) on behalf  of the National Union of Journalists (NUJ), to discuss Workstream 1 and the work underway to create a data-gathering tool. CN noted DCMS has part-funded the tool and is receiving regular updates from the NUJ as it develops. CN noted the NUJ recently met with the journalist sub-group and members shared valuable evidence of their SLAPPs cases to help inform how the tool functions. CN noted the aim of the tool is to track trends in the nature of abuse faced by journalists (both physical, online and legal) and will seek to gather information characteristics of journalists and cases including race, gender, geographic location, and employment background. CN noted that the tool would capture the details of legal threats and it would be determined on a case-by-case basis whether the threat constitutes a SLAPP.  CN encouraged members to share feedback on the presentation with the NUJ directly. DM suggested that the tool should seek information over which regulators journalists have reported instances of abuse to as well as expanding the options for reporting different types of stories. DM also noted that the tool should capture all types of SLAPPs, not just those relating to economic crime, as defined in the ECCT Act. 

CN noted the aim for the data tool to be ready in Autumn 2024. DCMS agreed to circulate the presentation for members’ views.

5. Guest Speaker: Bill Browder on his experience of SLAPPs, and views on the Taskforce’s non-legislative measures

JMH invited Bill Browder (BB) to share his experiences of facing SLAPPs. 

BB noted he is not a journalist, as is the case with many SLAPPs, but is an author, and gave an overview of the challenges he faced when uncovering cases of corruption, and the use of SLAPPs tactics such as being sued for significant sums of money by wealthy oligarchs and the time this takes him to defend himself against these - both in terms of length of processes but in stopping him from doing work on corruption and human rights. .

BB suggested heavy financial penalties for the lawyers/ law firms who knowingly bring SLAPPs cases are necessary as a deterrent, as current cost caps are not sufficient, and cost recovery for the defendant often doesn’t cover pre-trial expenses. BB noted SLAPPs will continue as long as lawyers are not penalised. 

ST asked how Juliet Oliver, (JO) Deputy Chief Executive and General Counsel of the Solicitors Regulation Authority (SRA) could implement this proposal. JO noted that in the UK, the decision on award of costs is shaped by legislation. JO noted that the SRA does impose sanctions, and can charge unlimited fines for misconduct under the ECCT Act in cases of economic crime, and that it would be good to discuss further what could be done to bring immediate challenge to lawyers bringing SLAPPs.

BB noted that he was aware of the SRA’s complaints procedures but that this course of action will take place after the fact, while judges could make instant determinations regarding penalties for lawyers when a SLAPP is first identified.

Julia Witting, Head of Supervision at the Bar Standards Board (JW) noted the need for unity in tackling SLAPPs among the taskforce, and between non-legislative and legislative work, which will make it easier for legal services regulators to take action.

Richard Orpin (RO) Director of Regulation & Policy at the Legal Services Board (LSB), highlighted the challenges regulators face in acting swiftly to tackle SLAPPs and this requires having the right structures in place. RO noted the work of the Taskforce workstream on legal services ethics will seek to strengthen the whole legal framework and the need to set clear expectations for lawyers on what is acceptable/unacceptable conduct, so there are fewer cases to begin with. 

PS noted the effect of lawyers’ pre-publication conduct needs to be scrutinised, as this often still has a chilling effect on publication of stories before cases reach court. The burden of proof faced by defendants as well as the high threshold required for cost protection under existing law was also noted as a concern. 

SC and BB noted the importance of HMG reflecting the use of SLAPPs in any anti-corruption work. 

6. Update on Workstreams 2-4

PS led an update on Workstream 2: Guidance for journalists, noting that Guy Vassal-Adams (Matrix Chambers) has been commissioned to draft an outline of the SLAPPs guidance, which will be part-funded by DCMS. PS noted that journalists will be feeding into the creation of the guidance to ensure it is fit for purpose. PS noted the need to signpost journalists to further support/a point of contact if needed. 

JMH thanked PS for her work, and noted the deep dive into this Workstream is scheduled for the next meeting.

RO led an update on Workstream 3: Legal Services Ethics, noting the Taskforce will next meet in April to discuss non-regulatory solutions including security of legal costs. The LSB held an annual legal stakeholder conference in March, which focused on legal services ethics, and yielded positive engagement from attendees. 

JO noted the SRA’s Thematic Review and warning notice aims to make clear to the legal profession the boundaries of acceptable professional conduct, and act as a guide for lawyers so they don’t engage in abusive tactics - noting that this will also help them to penalise those who continue to engage in this behaviour. JO will provide an update to the Taskforce on timing of the update being published in due course. 

JMH thanked RO and JO for their work, and noted the deep dive into this Workstream is scheduled for the next meeting.

CN led an update on Workstream 4: Awareness Raising, noting the focus on the promotion of the Taskforce’s products. CN thanked members for their feedback on the comms plan, and agreed to share the final version with members. CN noted the intention to set up a sub-group composed of comms leads of each Taskforce member’s organisation, to ensure a coordinated approach to amplifying the work of the Taskforce. CN also noted engagement with the National Council for the Training of Journalists to promote resources for student journalists to recognise SLAPPs.

DM noted the need to specify how guidance applies to different jurisdictions across the UK. JMH noted DCMS will liaise with devolved administrations to ensure a joined up approach. PS confirmed the guidance will make clear where it applies to different jurisdictions. 

Jessica Ni Mhainin, Policy and Campaigns Manager for Index on Censorship (JNM), asked whether the Taskforce had engaged with Northern Ireland on legal services ethics. DM noted discussions had taken place with his Scottish counterpart but not in NI. JO agreed the SRA would engage NI administrations. 

7. AOB and next steps

JMH thanked members for their engagement and proposed the next meeting would take place in May/June. JMH noted MMTCI’s passion for this work and confidence in the Taskforce. DCMS agreed to circulate the final comms plan, NUJ presentation, and minutes of the meeting to members.