Guidance

Second 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

6 November 2023 15:00-16:30

1.Welcome

Janis Makarewich-Hall, Deputy Director for Radio, Advertising and Press at DCMS, and Taskforce Chair, (JMH), opened the meeting by noting the Terms of Reference were agreed and published alongside the minutes following the first Taskforce meeting in September. JMH welcomed Peter Geoghegan, Investigative Journalist, Organized Crime and Corruption Reporting Project, (PG) to the meeting and thanked him for joining to share his experience of SLAPPs. JMH also noted that the Secretary of State for Culture, Media and Sport, Lucy Frazer, used the recent Journalism Matters Week as an opportunity to publicly highlight the Government’s commitment to tackling SLAPPs along with safeguarding wider media freedom. 

JMH then welcomed the Rt Hon. Sir John Whittingdale, Minister for Media, Tourism and Creative Industries. Minister Whittingdale noted that the successful work of the National Committee for the Safety of Journalists (NCSJ) to date means it provides a good framework to tackle SLAPPs. He thanked attendees for their ongoing work and encouraged collaboration on ambitious outputs.

2. Economic Crime and Corporate Transparency Act implementation update

JMH then invited Steven Jarman, Deputy Director of Civil Justice & Law Policy at the Ministry of Justice, (SJ), to provide an update on the Economic Crime and Corporate Transparency (ECCT) Act which received Royal Assent on Thursday 26 October. SJ noted three key functions of the ECCT Act regarding SLAPPs: to introduce a statutory definition, an early dismissal mechanism, and a cost protection mechanism for those who have been a target. MoJ is currently engaging the Chair of the Civil Procedure Rule Committee (CPRC) and a sub-committee will be formed to implement the rules of the Act, with membership currently under discussion. SJ noted the potential for the Taskforce to serve as a sounding board for this work. SJ also noted ongoing engagement with the Council of Europe on SLAPPs.

3. Stakeholder engagement, workplan development, and journalist’s experience

JMH invited Isabel Evans, Head of Press, Radio and Media Freedom at DCMS, (IE), to provide an update on actions since the first Taskforce meeting. IE noted bilateral meetings had taken place between the secretariat and each of the Taskforce members and a sub-group of journalists with experience of SLAPPs has been formed and had met. IE then invited Peter Geoghegan (PG), to speak on his experience of SLAPPs.

PG described the significant financial and time costs of fighting legal action. PG suggested that stronger disincentives are required to discourage firms from adopting SLAPPs tactics, and that a cultural change was needed in the legal industry to address this.

Samuel Townend KC, Vice-Chair of the Bar Council, (ST), suggested a cross-undertaking in damages could be introduced which would make legal action more expensive for claimants where cases are ruled meritless. ST offered to consider opportunities to engage the Taskforce on this.

JMH invited Carly Nimmo, Head of Press at DCMS, (CN), to summarise proposals for Taskforce workstreams and outputs. CN noted that one workstream would focus on evidence gathering in order to continue monitoring the nature and prevalence of SLAPPs in the UK, with a particular focus on pre-court SLAPPs. Michelle Stanistreet, General Secretary of The National Union of Journalists, (MS) noted plans to explore a data-gathering tool for journalists, a commitment in the refreshed National Action Plan for the Safety of Journalists, and the potential for it to capture legal abuse.

CN noted another workstream to deliver guidance for journalists, clarifying SLAPPs tactics and providing guidance on the steps to take in response. The Media Lawyers Association has agreed to lead on this workstream with support from other members.

CN noted another workstream would focus on raising awareness of SLAPPs across the media and legal services sectors and the action being taken to tackle this abuse of the UK legal system. She suggested that Government should lead on this workstream with support from all members.

CN highlighted the importance of the Taskforce delivering its objective of considering measures to ensure that judges, legal services professionals and regulators are confident in recognising and handling SLAPPs cases. CN invited input from members on how this should be achieved without undermining independent regulation of the sector. 

Sayra Tekin, Director of Legal, News Media Association, (ST) and Richard Orpin, Director of Legal and Policy, Legal Services Board (RO) noted the important role of legal service regulators in addressing solicitors’ conduct. JMH noted the NCSJ provides a precedent for successful collaboration between government and operationally independent organisations (the police).

Juliet Oliver, Deputy Chief Executive and General Counsel at the Solicitors Regulatory Authority, (JO) noted a thematic review is currently underway in order to identify gaps in awareness of bad conduct committed by legal firms. JO noted the SRA’s commitment to ensuring law firms are confident in recognising and addressing SLAPPs tactics.

4. Guidance for journalists

JMH introduced Pia Sarma, Chair of the Media Lawyers Association and Deputy General Counsel of News UK, (PS) to present on guidance for journalists. PS noted the importance of providing clarity on what is acceptable legal procedure and supporting journalists to identify where to report the use of SLAPPs tactics.

5. Next Steps & AOB

JMH thanked members for their engagement and proposed the next meeting would take place in January and may be extended beyond 90 minutes. JMH highlighted the Secretariat’s intention to agree the workplan with members over coming weeks and in advance of the next meeting. JMH noted the importance of all Taskforce members collaborating to deliver the Plan.