Overview

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

Description

The Strategic Litigation Against Public Participation (Freedom of Expression) Bill allows defendants in High Court or County Court proceedings to motion for dismissal if their expression relates to a matter of public interest. The judge must dismiss unless the claimant demonstrates:

• Substantial merit to the case
• Harm suffered is sufficiently serious to outweigh the public interest in protecting the expression

Judges can also dismiss cases on their own initiative if they deem them abusive and designed to limit public interest expression. The bill defines "expression" broadly and includes various factors for judges to consider when weighing the public interest, such as the right to reputation, freedom of expression, and the potential chilling effect on future discourse. The bill also dictates rules on costs and damages, potentially awarding costs to the defendant on a full indemnity basis if the case is dismissed and potentially awarding damages to the defendant if the claimant acted in bad faith. Amendments to pleadings are restricted, and a stay of proceedings is imposed upon the filing of a motion to dismiss. The bill also amends the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to include legal aid for applications to dismiss such proceedings.

Government Spending

The bill's direct impact on government spending is unclear. It may lead to increased legal aid expenditure if many cases are brought under its provisions, however, the government may save money if it reduces the number of frivolous lawsuits.

Groups Affected

• Individuals and organisations involved in public debate: The bill offers them increased protection against strategic lawsuits intended to silence them.
• Claimants bringing lawsuits: The bill may make it more difficult and costly for them to succeed, particularly if their cases lack merit or are considered abusive.
• Judges: The bill places a greater burden on judges to assess the public interest in each case and apply the new legal framework.
• Legal professionals: This bill will lead to increased demand for legal representation in cases involving the application of this bill.

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