Written by Free speech and investigative journalism are critical to a functioning democracy, yet Strategic Lawsuits Against Public Participation (SLAPPs) are increasingly undermining these pillars. Recently, MPs in Parliament discussed the chilling impact SLAPPs have on journalists and whistleblowers, with freelance journalist Tom Latchum sharing his personal experience. His account highlights how these legal tactics are being used to silence investigations into matters of public interest, including the treatment of vulnerable children in care homes.
The Chilling Effect of SLAPPs
Tom Latchum recently found himself targeted while investigating allegations of abuse in a children’s care home. After a critical Ofsted report, he contacted individuals linked to the organisation for comments, only to be met with legal threats before publishing anything.
“As a freelancer, receiving such a threat is terrifying,” Latchum explained. “It’s not just your work that’s at stake; your home and family security are also on the line. The clear intention is to intimidate you into dropping the story.”
These threats, however, extend beyond journalists. Whistleblowers who expose wrongdoing also face similar intimidation tactics. Often lacking the resources to fight back, many are left with an impossible choice: speak out and face financial ruin or stay silent and allow injustice to continue.
A Growing Problem
While SLAPPs have traditionally been used by the wealthy, this is no longer exclusively the case. The UK has become the epicentre of SLAPP activity, with over 30% of cases originating here—more than in the EU and the US combined.
Latchum observed that even relatively modest organisations are now using SLAPPs to deter scrutiny. “Sending an initial legal threat can cost as little as a few thousand pounds, yet it’s enough to scare people off. The aim isn’t to win a court case but to prevent investigations from progressing at all.”
These lawsuits rely on vague, undefined claims, leaving their targets uncertain about what they may have done wrong. This lack of clarity exacerbates their chilling effect, especially on individuals unfamiliar with legal procedures.
A Threat to Democracy
The impact of SLAPPs is not limited to journalism. Whistleblowers who expose wrongdoing in areas such as care homes are particularly vulnerable. Despite being theoretically protected by law, many are unaware of their rights or are too intimidated to act on them.
“Whistleblowers are just ordinary people who find themselves in extraordinary situations,” Latchum explained. “They’ve seen something wrong and want to do the right thing. Yet they are often silenced by threats of lawsuits or non-disclosure agreements.”
This climate of fear prevents critical public interest issues from coming to light, posing a serious threat to democratic accountability.
Momentum for Change
There is growing recognition within Parliament of the need for anti-SLAPP legislation. MPs across the political spectrum have expressed their support, building on the progress of a previous bill that was interrupted by the general election.
Comprehensive reform could include measures to protect public interest reporting, define clear criteria for identifying SLAPPs, and penalise those who misuse the legal system. Such legislation would ensure that journalists and whistleblowers can report on issues like care home abuse without fear of retaliation.
Latchum believes these reforms are essential to safeguarding free speech and democracy. “Without action, critical stories will continue to be suppressed, and those responsible for wrongdoing will evade accountability.”
Protecting Free Speech
The rise of SLAPPs raises fundamental questions about the balance between free speech and the protection of reputations. While individuals and organisations have the right to defend themselves against false allegations, the misuse of legal threats to stifle criticism undermines the principles of justice.
As Parliament debates this issue, the experiences of individuals like Tom Latchum serve as a stark reminder of what is at stake. Their courage in the face of intimidation underscores the need for urgent action to prevent SLAPPs from eroding the foundations of democracy.
The UK has an opportunity to lead by example, creating robust protections for those who speak out in the public interest. The question is whether Parliament will seize this opportunity and take decisive action to ensure that justice and accountability prevail.
Disclaimer:This article includes references to legal and journalistic practices in the UK. All opinions expressed are those of the author. Readers are encouraged to consult legal professionals for specific advice related to SLAPPs or whistleblowing