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Overview

This bill aims to protect freedom of expression by making it easier to dismiss lawsuits that are seen as attempts to stifle debate on matters of public interest. It introduces a mechanism for judges to dismiss such lawsuits, considering factors like the potential chilling effect on future expression and the proportionality of the legal action.

Description

The Strategic Litigation Against Public Participation (Freedom of Expression) Bill allows judges to dismiss lawsuits in the High Court or County Court if the defendant demonstrates that the lawsuit stems from an expression related to a matter of public interest. The judge must consider several factors when making this decision, including:

• The right to protect reputation through litigation.
• The right to freedom of expression and public participation in democratic discourse.
• The potential chilling effect on future expression.
• The history of litigation between the parties (including any bad faith or intimidation).
• Disproportionate use of resources compared to the harm caused.
• Potential for the expression to provoke hostility against vulnerable groups.

However, a judge will not dismiss a case 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. The bill also outlines provisions for costs (full indemnity costs for the defendant if the case is dismissed), potential damages for the defendant if the claim is deemed to be brought in bad faith, and amendments to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to allow legal aid for applications to dismiss such lawsuits. The bill also prevents amendments to pleadings designed to avoid dismissal.

Government Spending

The bill's impact on government spending is primarily through changes to legal aid eligibility. It will likely increase spending on legal aid for defendants facing lawsuits intended to stifle public debate, but the exact figure is not specified in the bill.

Groups Affected

This bill will affect several groups:

• Individuals and organizations involved in public debate: The bill offers them increased protection against lawsuits aimed at silencing them.
• Claimants bringing lawsuits: They may face dismissal of their cases if the court finds the lawsuit is an attempt to limit free speech.
• Judges: They will have a new responsibility in assessing the merits of lawsuits in the context of free speech.
• Legal professionals: The bill will affect their work concerning cases involving freedom of expression.