Guidance

Third 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

13 February 2024 14:30-16:00

1. Introduction from Chair 

Janis Makarewich-Hall, Deputy Director for Radio, Advertising and Press at DCMS, and Taskforce Chair, (JMH), opened the meeting noting the return of Julia Lopez from maternity leave to her role of Minister for Media, Tourism, and Creative Industries. JMH also noted the meeting will take place under the Chatham House rule.

2. Taskforce outline of Forward Look (DCMS Secretariat)

JMH then invited Isabel Evans, Head of Press, Radio and Media Freedom at DCMS (IE), to update on the work of the Taskforce to date.

IE noted the publication of the SLAPPs Taskforce workplan in December 2023, and noted that since then the Secretariat has met with all workstream leads to discuss progress. 

IE also updated on a meeting the Secretariat had with the Society of Media Lawyers (SML); and another with the journalists’ sub-group seeking their views on the Taskforce’s Awareness Raising workstream. IE encouraged the Taskforce to use the journalists’ sub-group to test their thinking on workstreams: DCMS agreed to facilitate these meetings. 

IE outlined the Taskforce’s forward look and milestones. The National Union of Journalists agreed to a deep dive on the ‘Understanding and monitoring the prevalence and nature of SLAPPs’ workstream at the next Taskforce meeting.

3. MOJ update on legislation

JMH then invited Kate Gregory-Smith, Deputy Director of Civil Justice & Law Policy at the Ministry of Justice (KGS) to provide an update on legislation. KGS noted the Royal Assent of Economic Crime & Corporate Transparency (ECCT) Act in October 2023, and engagement with the Civil Procedure Rules Committee to start implementing the legislation. KGS confirmed the intention to look for a suitable legislative vehicle to further legislate on SLAPPs, noting the Private Members Bill (PMB) raised by Wayne David MP, which the MOJ are looking at closely.

David McNeil, Director of Public Affairs of the Law Society (DM) noted the value of the PMB and government driving forward further legislative action to tackle SLAPPs.

4. Guest speaker: Caroline Kean, Wiggin LLP, to offer her perspective on being a defendant lawyer on SLAPPs cases

JMH welcomed Caroline Kean, Consultant Partner, at Wiggin LLP (CK), who represented Catherine Belton and Tom Burgis during their SLAPPs cases.

CK set out her view of the UK legal system and how it makes defending SLAPPs difficult. KGS asked if there was an awareness of the actual quantity of SLAPPs - CK noted that it is incredibly difficult to identify an actual figure as so much of this action is not seen publicly. JMH noted a similar difficulty with tracking the chilling effect. 

Susan Coughtrie, Director at The Foreign Policy Centre (SC), noted the negative impact on a journalist’s reputation if they settle out of court.

Richard Orpin, Director of Regulation and Policy at the Legal Services Board (RO),  agreed that court cases are not a good measure of the problem, as SLAPPs are secretive by nature. 

Jessica Ni Mhainín, Policy Research & Advocacy Officer for Index on Censorship (JNM), raised how isolating SLAPPs action can be, especially for freelancers, with fears that this will prove to be ruinous.

5. Workstreams 1-3 progress

Bea Bennett, Senior Campaigns & Communications Officer for the National Union of Journalists (BB) gave a progress update on workstream 1: understanding and monitoring the prevalence of SLAPPs. BB noted early development stages of the tool, and the possibility of connecting it with the existing journalist safety toolkit. JMH noted the success of this toolkit, and agreed that the new tool should be linked with existing products relating to journalist safety.

Pia Sarma, Chair of the Media Lawyers Association (PS), provided a progress update workstream 2: guidance for journalists. PS noted that work is being carried out to identify how the guidance can be most useful and finding a KC to assist with drafting.  

RO provided a progress update on workstream 3: legal services ethics. The Legal Services Board (LSB) is considering the extent to which regulators’ existing rules and codes of conduct are capable of addressing professional ethical misconduct and to whether further regulatory intervention may be necessary. The Solicitors Regulation Authority and Bar Standards Board are also in the process of reviewing aspects of their regulatory arrangements. RO praised the Taskforce for bringing focus to SLAPPs in particular. RO confirmed the output of workstream 3 will be a report summarising legal regulators views and future work

6. Deep dive into Workstream 4: raising awareness

Carly Nimmo, Head of Press Policy at DCMS (CN) summarised the objectives of workstream 4: awareness raising, which is led by DCMS with input from the whole Taskforce.

Lydia Aaronson, Senior Communications Officer (LA) and Matt Plant, Deputy Head of Campaigns & Public Relations (MP) at DCMS talked through the communications plan for this workstream and noted the need for collaborative work across the Taskforce to deliver on the plan. DM raised the need for action to accompany awareness raising, and noted the difficulty of measuring success if the plan focuses on changing the perception of the UK as a SLAPPs destination. CK agreed that awareness raising alone will not deter claimants but it is an important first step.

LA noted the need for the communications plan to be streamlined and effective, and asked whether we should limit our awareness raising to journalists. CK raised the importance of public perception about the need to tackle SLAPPs, and suggested case studies of positive investigative journalism would be a good way to demonstrate value and improve public understanding. MP suggested a phased approach might work here, with wider public engagement once we have firmer legislation to point towards. LA suggested running a focus group with a diverse pool of journalists to get further audience insight. 

7. AoB and next steps

JMH thanked members for their engagement and proposed the next meeting would take place in late March and a deep dive into workstream 1. JMH also highlighted the Secretariat’s intention to circulate the communications plan to members for their contributions in advance of the next meeting, encouraging a collaborative approach. DCMS agreed to circulate communications plan and forward look to members and publish minutes of the meeting.