Parliamentary.ai

Overview

This bill aims to protect freedom of expression by making it harder to use lawsuits to silence debate on matters of public interest. It allows judges to dismiss lawsuits if they believe the lawsuit is intended to stifle such debate, considering factors like the potential chilling effect on future expression and the resources used in the litigation.

Description

Dismissal of Proceedings

The bill empowers judges to dismiss lawsuits in the High Court or County Court if a defendant can show the lawsuit stems from their expression on a matter of public interest. Judges can also dismiss cases on their own initiative if they deem them abusive and intended to limit public debate.

Exceptions to Dismissal

A lawsuit will not be dismissed if the claimant demonstrates substantial merit and that the harm caused by the defendant's expression is serious enough to outweigh the public interest in protecting that expression.

Public Interest Considerations

Judges must consider various factors when weighing the public interest, including the right to protect one's reputation, freedom of expression, public participation in democratic discourse, potential chilling effects on future expression, the history of litigation between the parties, disproportionate use of resources, and the possibility of inciting hostility against vulnerable groups.

Other Provisions

The bill defines "expression" broadly, including verbal and non-verbal communication. It also includes provisions for stays on proceedings pending a decision on a motion to dismiss, prevents amendments to pleadings to avoid dismissal, outlines cost awards for winning and losing parties, and allows for damages if a lawsuit is deemed to be brought in bad faith. It amends the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to include applications to dismiss "gagging proceedings" within the scope of legal aid.

Government Spending

The bill's impact on government spending is not directly stated in the bill text. However, the amendment to the Legal Aid Act could potentially lead to increased legal aid spending if a significant number of cases are brought under this new legislation. Conversely, fewer court cases might reduce costs associated with litigation.

Groups Affected

This bill could affect various groups:

• Individuals and organisations who express views on matters of public interest: The bill offers them greater protection from lawsuits aimed at silencing them.
• Claimants in lawsuits: They may find it more difficult to pursue cases if the court deems them to be intended to stifle debate.
• Lawyers: The bill could lead to increased demand for legal services to navigate the new framework.
• Judges: They will have increased responsibility in determining the balance between protecting freedom of expression and allowing legitimate legal claims.
• The public: The bill aims to increase public discourse by reducing the fear of litigation.