SLAPPs, or Strategic Lawsuits Against Public Participation, are lawsuits brought with the intention to intimidate or harass the target. They are usually defamation cases brought by companies or individuals to avoid public scrutiny of their actions, and typically target journalists, writers, content creators, and others, with the intention of silencing criticism and public backlash. The motivations of SLAPP proceedings are rooted in disruption, control of information disclosure and suppression of free speech.
Why are SLAPPs brought?
SLAPPs are usually brought on the grounds of defamation, privacy, harassment, data protection and GDPR, or copyright infringements. Tactics typically used involve an excessive volume of letters before action, and multiple simultaneous claims across different jurisdictions. This establishes a clear imbalance in power and has the intention to overwhelm the opposition and drain the target’s finances, with the aim to coercively silence any undesirable publications that would be of public interest.
The Post Office’s Horizon Scandal from 1999-2015 was a clear demonstration of the destructive effects of SLAPPs to people’s livelihoods and how it obstructs the course of justice and the investigation of truth. Hundreds of sub-postmasters were wrongfully accused and prosecuted, facing imprisonment and penalties for the Post Office’s faulty administration system.
The Post Office was found to be issuing SLAPPs to silence voices of question, cover up their mistakes and halt investigations. The individual sub-postmasters and journalists could not withstand the immense financial and legal pressure against a nationwide institution, and the actions led to severe rates of bankruptcies, distress and even suicides of employees. It was not until 2019 that a group litigation action amongst 555 sub-postmasters led to the truth being revealed. Many convictions ended up being withdrawn in 2021 and compensation efforts were initiated.
This case study is a clear demonstration of the negative effects of SLAPPs – not only towards individuals, but also of wider public interests surrounding information and integrity. It is important to recognise the differences between fair legal action and outright abuse of the justice system.
At Nath Solicitors we provide legal expert advice on defamation cases. If you need assistance, please call us on 0203 983 8278 or email us at enquiries@nathsolicitors.co.uk.