New Legal Tools to Combat SLAPPs: Government Acts to Protect Public Participation

In a significant move to enhance legal protections against strategic lawsuits aimed at stifling public participation (SLAPPs), the UK government is set to activate key provisions of the Economic Crime and Corporate Transparency Act 2023. These changes, outlined in the fifth commencement regulations, will come into force on 18th June 2025.

What are SLAPPs?

SLAPPs, or Strategic Lawsuits Against Public Participation, are legal actions initiated typically by corporations or powerful individuals with the intention of censoring, intimidating, and silencing critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.

Key Provisions Coming into Force

• Section 194: This mandates the creation of Civil Procedure Rules to enable courts to dismiss SLAPP claims at an early stage. The aim is to prevent abuse of the legal system by allowing courts to make specific cost orders that can deter frivolous or vexatious lawsuits.

• Section 195: This defines what constitutes a SLAPP claim, providing a clear legal framework to identify and act against such lawsuits.

Impact on Legal Proceedings

The activation of these sections means that from 18th June 2025, courts in England and Wales will have enhanced powers to swiftly dismiss SLAPP cases. This is a crucial step in safeguarding individuals, journalists, and activists from being silenced through costly and lengthy court battles.

Changes to Civil Procedure Rules

In conjunction with these provisions, amendments to the Civil Procedure Rules 1998 will also take effect. These changes are designed to streamline the process by which SLAPP claims can be identified and dismissed, ensuring that the legal system is not misused to suppress free speech and legitimate public discourse.

A Broader Effort

This move is part of a broader governmental effort to bolster economic crime accountability and transparency, following a series of regulations enacted since the Economic Crime and Corporate Transparency Act was passed in 2023. Previous provisions have been incrementally brought into force, addressing various aspects of corporate governance and financial transparency.

The initiative reflects the government's commitment to protecting democratic engagement and ensuring that the legal system supports rather than stifles public participation. For individuals and organizations concerned about SLAPPs, these changes promise a more robust defense against legal intimidation tactics.