Private Members’ Bills aimed at further strengthening protections against strategic lawsuits against public participation (SLAPPs) have been introduced in both the House of Commons and the House of Lords.

Last year, provisions within the Economic Crime and Corporate Transparency Act 2023 (ECCTA) came into force which for the first time included a statutory definition of a SLAPP, and introduced new procedural rules enabling claims meeting that definition to be dismissed before trial.

However, despite this development, many have argued that the existing anti-SLAPP protections do not go far enough, not least because they only apply to cases involving economic crime. Accordingly, calls have continued for a universal anti-SLAPP law to be introduced. Earlier this year, for example, we discussed a ‘day of action’ from anti-SLAPP campaigners which included calls for ‘robust’, ‘accessible’ and ‘universal’ protections to include “an early dismissal mechanism, an objective test for filtering SLAPPs out of court, and the ability to minimise costs and penalise bad conduct”.

Whilst the Government has previously signalled its support for stronger protections, proposed legislation has not been forthcoming, and was notably absent from this year’s King’s Speech.

Taking matters into their own hands, and indicating bipartisan support from across Parliament on this matter, members from both Houses of Parliament – Baroness Stowell in the Lords and Sir John Whittingdale in the Commons – have introduced separate Private Members’ Bills to introduce further anti-SLAPP protections. While Sir John’s has not yet been published, it is expected to mirror many of the provisions included in Baroness Stowell’s, including an early determination mechanism and costs consequences.

Commenting on her Bill, which has the support of the UK Anti-SLAPP Coalition, the Media Lawyers Association, and the New Media Association, Baroness Stowell said:

“The attack on free speech represented by SLAPPs is a stain on our legal system and a threat to a functioning democracy. For too long British courts have been used to hush-up unethical behaviour and corporate abuses. While some protection against SLAPPs was introduced in the last Parliament it only covers economic crime and it is still too costly for those on the receiving end of them to fight back. My new Bill will level the playing field in these currently uneven legal disputes – with a simple filter mechanism that is fair to both sides. With support on all sides of both Houses of Parliament, we can finally end abusive SLAPPs if the Government gets behind this legislation and supports its passage.”

To read the Lords’ Bill in full, click here.