The refreshed National Action Plan also reflects the emerging threat of Strategic Lawsuits Against Public Participation (SLAPPs) to journalists operating in the UK. A SLAPPs Taskforce, led by DCMS and the Ministry of Justice, has been set up to tackle pernicious legislative threats against journalists within the framework of the NCSJ. The Taskforce brings together government, civil society, representative bodies for journalists, and legal services stakeholders to develop a non-legislative response to SLAPPs.
The Taskforce published its workplan in December 2023, which will tackle SLAPPs across four separate areas: gather more data on the prevalence and nature of SLAPPs; provide journalists with guidance on how to pre-empt and defend against SLAPPs; promote professional standards and ethical conduct among the legal services and improve overall awareness and understanding of SLAPPs. The Taskforce will complement the incoming measures in the Economic Crime and Corporate Transparency (ECCT) Act, which will tackle SLAPPs that are linked to economic crime, covering a significant proportion of such cases brought to UK courts.
Under proposals in the Act, defendants will be able to use a new early dismissal mechanism where their case falls within the statutory definition of SLAPPs as determined by the court, and the claimant cannot prove that the claim is likely to succeed.
Where a SLAPP case is allowed to proceed, a new costs protection regime will apply, meaning defendants will not face the risk of excessive cost burdens. The UK Government is supporting the SLAPPs Private Members Bill introduced by Wayne David MP which passed Second Reading in the House of Commons on Friday 23 February 2024.
