We cannot miss this opportunity: Protecting free expression from legalised bullying

They are all exposed to an insidious threat to their free speech: abusive lawsuits pursued by those with money, influence, and a desire for silence.

These legal actions, known as Strategic Lawsuits Against Public Participation (SLAPPs) are not brought to defend a right or win in court. Instead, they are deployed to exhaust, intimidate and ultimately silence those speaking out in the public interest.

Often journalists can be sued by those they cover, many of whom see abusive legal threats as a cost-effective way to stifle scrutiny or avoid uncomfortable questions.

Journalists such as Catherine Belton, Paul Radu, and Eliot Higgins have all faced such threats. Even local journalism is not immune. A journalist at The Londoner and their sources have been threatened with jail time by the subject of their reporting.

However, the reality is SLAPPs are a society-wide concern. Examples of those who have contacted the UK Anti-SLAPP Coalition include: campaigners seeking improvements in the NHS or local services; survivors of sexual and gender-based violence speaking out to warn others; those who have posted negative reviews about companies to inform other potential customers; environmental campaigners seeking to protect endangered species or hold powerful industries to account; or those speaking out in Facebook groups on under-reported but important issues in their area.

For many, a threatening legal letter is the first and only contact a target has had with a lawyer and it can be enough to threaten them into silence.

For instance, a former patient of a cosmetic surgery clinic who posted a critical Facebook post offered to take down the post when she received a threatening legal letter.

She was told her offer was rejected because the fear of imprisonment for breaching an injunction was the only way to stop her “itchy fingers”.

The prevalence of this tactic raises the uncomfortable question - do prevailing media headlines accurately reflect the stories that matter most to society or do they simply reflect the stories that have slipped through the cracks of legal intimidation and harassment?

In 2023, limited and flawed protections for reporting on economic crime were introduced but as the tax campaigner Dan Neidle demonstrated recently, significant money, expertise and time is still needed even if you are ultimately successful. In SLAPPs, it remains a truism that even if you win, you lose - you can never get back the time, money and energy spent.

Everyone should be free to speak up in the public interest and share information that we all depend on to play an informed role in society around us.

Given the existing strong cross-party support for reform, the Government has a golden opportunity in the King’s Speech to introduce accessible and universal protections and make a clear statement that they value free expression.

Time will tell whether they will take it.

_

Nik Williams, Jessica Ní Mhainín, Susan Coughtrie and Charlie Holt are Co-chairs of the UK Anti-SLAPP Coalition

LBC Opinion provides a platform for diverse opinions on current affairs and matters of public interest.

The views expressed are those of the authors and do not necessarily reflect the official LBC position.

To contact us email opinion@lbc.co.uk