Strategic lawsuits against public participation: consultation

Chapter Four - Non-legislative proposals

4.1 This chapter focuses on non-legislative measures that may be taken to deal with SLAPPs.

UK SLAPPs Taskforce

4.2 The recognition that tackling SLAPPs extends beyond legislation is reflected in the establishment of the UK SLAPPs Taskforce (“the Taskforce”), which extends to Scotland and has Scottish Government representation. The Taskforce sits within the framework of the National Committee for Safety of Journalists, which helps to ensure journalists are able to carry out their work free from physical threats, attacks and violence within the UK. Established in September 2023, its terms of reference^[50] set out the aim of bringing government, civil society groups, representative bodies for journalists and legal services stakeholders together to help coordinate a non-legislative response to SLAPPs which target journalists.

4.3 The Taskforce has reached the end of its 12-month remit. However, its members will continue the work of the Taskforce via an ongoing sub-group of the National Committee for the Safety of Journalists.

4.4 The work of the Taskforce is being delivered via four workstreams intended to produce non-legislative solutions. They are:-

Workstream 1: Understanding and monitoring the prevalence and nature of SLAPPs

Work was underway to create a data-gathering tool. The tool functions were informed by journalists experience of SLAPPs cases. The aim of the tool is to track trends in the nature of abuse faced by journalists (both physical, online and legal) and will seek to gather information characteristics of journalists and cases including race, gender, geographic location, and employment background as well as capturing the details of legal threats and it would be determined on a case-by-case basis whether the threat constitutes a SLAPP. The aim was for the data tool to be ready in Autumn 2024.

Workstream 2: Guidance for Journalists

Outline guidance for journalists is being drafted by King’s Counsel. Journalists will be feeding into the creation of the guidance to ensure it is fit for purpose. There is likely to be further signposting for journalists to provide support/ a point of contact if needed. 

Question 24: Do you have any views on whether this guidance should extended to include other civil society actors, for example authors, academics, environmental campaigners? If so, please provide any comments on how it might be extended?

Workstream 3: Legal Services Ethics

The Legal Services Board (LSB) was considering the extent to which regulators’ existing rules and codes of conduct are capable of addressing professional ethical misconduct and to whether further regulatory intervention may be necessary. The Solicitors Regulation Authority and Bar Standards Board are also in the process of reviewing aspects of their regulatory arrangements. The output of this workstream will be a report summarising legal regulators views and future work.

Workstream 4: Raising Awareness

There is a communications plan in place which will initially focus on journalists prior to broadening out to wider public engagement.

4.5 The Scottish Government is represented at official level on the SLAPPs Taskforce. Should the Taskforce continue, the Scottish Government will remain committed to engagement with the Taskforce and the outcome of its workstreams.

Legal regulation

4.6 One of the characteristics of a SLAPP is the potential to be a misuse of the legal system. The legal profession play an important role in the raising of a SLAPP action. The Solicitors Regulation Authority is the regulator of solicitors and law firms in England and Wales. In April 2024 it published a paper entitled ‘Strategic Lawsuits Against Public Participation – Thematic review’^[51] which set out its findings. The equivalent role in Scotland is carried out by the Law Society of Scotland – we are not aware of any similar review being carried out in Scotland.

Question 25: What more, if anything, could be done outwith legislation to tackle SLAPPs?

4.7 Please refer to the Directive and Model law in Appendices A and B when responding to the following question:

Question 26: Does Article 19 and sections 13 and 14 of the Model law provide an adequate legislative basis for the Scottish Government to bring in additional supports for someone who is the subject of a SLAPP? If not, please provide reasons.