Contribution
I congratulate my hon. Friend the Member for Leeds Central and Headingley (Alex Sobel) on securing this important debate. I really welcome being here with friends who are so committed to this issue, and who have been for such a long time. This debate is about much more than press freedom, although it is very much about that; it is about whether ordinary people can speak out in the public interest without fear of being silenced by those with deeper pockets, greater resources and access to expensive legal representation.
Strategic lawsuits against public participation—SLAPPs, as they are so unattractively described—are designed not necessarily to win in court, but to intimidate, exhaust and suppress scrutiny. They are increasingly deployed against journalists and campaigners, whistleblowers, survivors of abuse, community activists and ordinary citizens. Anyone who raises legitimate concerns about matters of public interest can find themselves on the receiving end of aggressive legal threats, as we have heard. The consequence of that is a chilling effect that extends far beyond the individual target. When one person is punished for speaking out, countless others are forced to conclude that it might be safer for them to remain silent. That should concern every Member of this House.
One case that demonstrates that danger particularly clearly is that of my constituent, the investigative journalist Clare Rewcastle Brown, founder of Sarawak Report. Ms Rewcastle Brown played a key role in exposing the 1Malaysia Development Berhad scandal in Malaysia—one of the largest corruption scandals in recent history. Her reporting helped bring international attention to allegations involving billions of dollars that had been diverted from a Malaysian state investment fund. Those allegations subsequently became the subject of investigations and prosecutions across multiple jurisdictions. But instead of scrutiny being met simply with accountability, it was met with legal pressure. Between 2017 and 2019, Ms Rewcastle Brown was pursued through the London courts in a libel action brought by Abdul Hadi Awang, the president of the Malaysian political party PAS. The claim was eventually withdrawn and settled in her favour before trial.
The significance of that case lies not merely in its outcome, but in what it demonstrates about the power imbalance at the heart of SLAPPs. As Ms Rewcastle Brown has described, she understood that the objective was not simply to challenge particular words on a page; rather, it was to place immense pressure on a journalist through the prospect of years of costly litigation, with the hope that, eventually, that pressure would force a retraction, damage credibility and discourage further reporting. Even when defendants ultimately prevail, they cannot recover the years lost to litigation, the stress inflicted upon them, or the time diverted away from public interest work. That is why campaigners often say that in a SLAPP, the process becomes the punishment.
Let us consider what is at stake. Without investigative journalists such as Clare Rewcastle Brown, one of the world’s most significant corruption scandals might never have received the scrutiny that it deserved, important information might never have reached the public domain and powerful individuals might never have been held accountable; yet our legal system left the burden on the journalist to endure years of legal challenge before reaching that outcome. The reality is that many people do not have the resilience, resources or support to do what Clare did. Many local journalists do not, many campaigners do not, many victims of wrongdoing do not, and many ordinary citizens certainly do not.
Increasingly, these tactics are evolving. They are no longer confined to traditional defamation claims; we now see claims framed through privacy law, data protection law, harassment claims and injunctions. The legal mechanisms change but the purpose remains the same: to drive up cost, create fear and suppress participation in public life. That is why the existing protections are insufficient. The anti-SLAPP provisions in the Economic Crime and Corporate Transparency Act, as we have heard, were an important first step. However, they are limited to economic crime reporting and leave many people vulnerable. A journalist investigating corruption may receive some protection; a survivor speaking about abuse may not, a local campaigner raising concerns about environmental damage may not, and a resident exposing wrongdoing in their community may not. That cannot be the right approach.
I am also concerned about questions surrounding enforcement and regulation. The Solicitors Regulation Authority has made it clear that solicitors must not pursue abusive litigation tactics, must not advance unmeritorious claims and must not use their professional position to intimidate those engaged in lawful public interest activity. Those principles are absolutely right, but principles alone are not enough if those subjected to abusive legal threats do not have confidence that the system is working. That is why legislation and regulation must go hand in hand in this scenario. We need a robust statutory framework that allows judges to dismiss abusive claims at the earliest possible stage, we need strong cost protections for defendants, and we need effective professional regulation that ensures lawyers who facilitate abusive tactics are held to account.
This should not be a partisan issue. Members across this House depend on a free press. We depend on campaigners, researchers, whistleblowers and engaged citizens bringing serious issues to public attention. Democracy itself depends on scrutiny. I therefore urge the Government to work constructively with all colleagues from all parties to bring forward comprehensive anti-SLAPP legislation that protects public interest speech, upholds press freedom and ensures that our courts cannot be used as instruments of intimidation by those seeking to escape scrutiny. We should ask ourselves what is holding us back from tackling this, because ultimately, this debate is about a simple principle. In a democratic society, the law should protect those who speak truthfully in the public interest, not provide powerful individuals with the means to silence them.