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Overview

This bill aims to prevent the misuse of lawsuits (known as SLAPPs) to silence public debate and criticism. It does this by giving courts the power to quickly dismiss such lawsuits if they are deemed to be primarily intended to stifle free speech rather than achieve a legitimate legal outcome.

Description

The bill defines a "SLAPP claim" as a lawsuit that targets speech on a matter of public interest, and is intended to restrain freedom of speech and cause harm beyond that of normal litigation. This harm includes financial expense, harassment, alarm, and distress. The bill requires courts in England and Wales to create rules to deal with SLAPPs. These rules will allow courts to dismiss SLAPPs before trial if the claimant can't show the claim is likely to succeed. Crucially, the bill prevents defendants from being ordered to pay the claimant's costs unless the defendant has acted improperly.

The bill specifies that limitations on free speech (like those concerning defamation) are disregarded when assessing a SLAPP. Matters of "public interest" include unlawful behavior, false statements, and issues concerning public health, safety, the climate, or the environment. Courts will consider factors such as whether the claimant’s actions are disproportionate and if the defendant has fewer resources to defend the claim. The bill also considers pre-action conduct, including any failure to follow protocols or rules.

The bill repeals sections 194 and 195 of the Economic Crime and Corporate Transparency Act 2023, which dealt with similar issues.

Government Spending

The bill's impact on government spending is not directly specified. The primary cost will likely be associated with the implementation of new court rules and procedures, but no specific figures are provided in the bill text.

Groups Affected

• Individuals and organizations involved in public debate: The bill protects them from strategic lawsuits intended to silence them.
• Journalists and media outlets: The bill offers increased protection against lawsuits brought to stifle their reporting on matters of public interest.
• Activists and campaigners: They gain enhanced protection against lawsuits that are primarily intended to suppress their activism.
• Courts and tribunals in England and Wales: These institutions are tasked with implementing the new rules and procedures outlined in the bill.
• Claimants bringing vexatious lawsuits: This bill may significantly limit their ability to silence critics through legal means.