Guidance

First Meeting of the Strategic Lawsuits Against Public Participation (SLAPPs) Taskforce 

Published 21 February 2024

11 September 2023 11:00-12:00 

1.Welcome and introductions

Janis Makarewich-Hall, Deputy Director for Radio, Advertising and Press at DCMS, and Taskforce Chair (JMH), opened the meeting by outlining the aim of the Taskforce is to co-ordinate and initiate a non-legislative response to SLAPPs. JMH then invited members to introduce themselves. The Secretary of State for Culture, Media & Sport, Lucy Frazer KC MP, then joined to welcome members to the inaugural meeting of the Taskforce, emphasising the Government’s ongoing commitment to media freedom and recognising its importance in upholding democracy. The Secretary of State encouraged the Taskforce to identify measures to support both journalists and the legal services profession to tackle SLAPPs. The Taskforce then heard a pre-recorded message from Lord Bellamy KC, Parliamentary Under-Secretary of State for Justice, which summarised the provisions recently introduced in the Economic Crime and Corporate Transparency Bill to tackle SLAPPs and encouraged the Taskforce to support Government in its work against SLAPPs.

2. Overview of SLAPPs

JMH then invited Steven Jarman, Deputy Director of Civil Justice & Law Policy at the MoJ (SJ), to provide an update on MoJ work to tackle SLAPPs. SJ noted the Bill is continuing Parliamentary passage and  outlined next steps for implementation of the new legislation (subject to its receiving Royal Assent), including engagement with the Civil Procedure Rule Committee.  SJ confirmed the intention to introduce comprehensive legislation to tackle all SLAPPs when parliamentary time allows. SJ also noted MoJ’s engagement with the Home Office anti-corruption strategy and international engagement on SLAPPs including the Council of Europe.

3.Terms of Reference

JMH invited Carly Nimmo, Head of Press Policy at DCMS (CN), to summarise the draft Terms of Reference circulated to the Taskforce in advance of the meeting. 

JMH then invited members to discuss and agree to the Terms of Reference.  It was agreed that the core purpose of the Taskforce is to consider non-legislative measures to tackle SLAPPs over a 12 month period that will complement incoming legislation. JMH noted that the remit of the Taskforce is to protect journalists facing SLAPPs and support the legal profession to deal with them, although its outputs may benefit wider groups including academics, authors and publishers. Members discussed the possibility of making recommendations in regard to future legislation, as well as ensuring the Taskforce’s remit included supporting  journalists to preempt SLAPPs.

JMH also invited members to put forward names of journalists who have experienced SLAPPs who could form a sub-group to support the work of the Taskforce by attending future meetings to share experiences. Members agreed to share suggestions. David McNeill, Director of Public Affairs at the Law Society of England and Wales also agreed to put forward names of defence lawyers who are able to share their experiences.

It was agreed that the Terms of Reference would be updated to reflect the discussion and circulated to Taskforce members for final agreement before being published.

4. Taskforce framework and outputs

JMH led a discussion on activity and outputs for the Taskforce over the next 12 months, with a view to agreeing a framework at the next meeting. Taskforce members, including, Sayra Tekin, Director of Legal, News Media Association; Charlie Holt, Anti-SLAPP Coalition; Fiona O’Brien, UK Bureau Director, Reporters Without Borders; Susan Coughtrie, Director at the Foreign Policy Centre; Gill Phillips, Media Lawyers Association; and David McNeill, raised potential measures focusing on themes including: raising awareness, Civil Procedure Rules, codes of conduct, pre-action protocol, helping journalists to protect themselves from SLAPPs, and monitoring and gathering evidence around the prevalence of SLAPPs.

JMH confirmed that the Taskforce secretariat will meet bilaterally with members to further inform the framework and outputs.

5. Wrap-up

JMH thanked members for their attendance and input and proposed the next meeting would take place in November.