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Editors welcome bid to stop ‘abusive’ litigation against journalists

Dawn AlfordEditors have welcomed a warning urging solicitors not to pursue “abusive and threatening litigation” which is often targeted at journalists.

The Society of Editors has welcomed the publication today of a warning notice by the Solicitors Regulation Authority amid concern over Strategic Lawsuits Against Public Participation, commonly referred to as SLAPPs.

The notice warns solicitors against getting involved in “abusive litigation aimed at silencing legitimate critics” such as journalists and whistleblowers.

It follows widespread criticism that some law firms in England are enabling the wealthy and powerful to avoid scrutiny and criticism through pre-publication legal intimidation and threats to sue.

SoE executive director Dawn Alford, pictured, said: “The Society welcomes the publication today by the Solicitors Regulation Authority of a warning notice to lawyers against pursuing abusive and threatening litigation which is often targeted at journalists and whistle-blowers with the primary aim of deterring legitimate investigation and public criticism of their clients.

“The use of such legal intimidation and harassment poses a significant threat to freedom of expression and public participation and we welcome attempts to ensure greater accountability and scrutiny of organisations and institutions that continue to facilitate the use of SLAPPs against those that hold power to account.”

The UK Government has proposed a three-part test to identify a SLAPP claim would, under proposed reforms, be subject to early dismissal as a result.

In its notice, the SRA said: “Making advice and legal representation available to all is in the public interest. This includes taking action to prevent or remedy the infringing of a client’s rights in respect of their privacy and their reputation.

“It is not in the public interest for false or misleading information to be needlessly published, and lawyers can have a legitimate role in encouraging journalists and others to ensure that what is published is legal and accurate.

“We also recognise that in the course of conduct leading up to and including litigation, lawyers will need to act in defence of their client’s interests and that correspondence will sometimes properly be robust or formal and lengthy – for instance, where this is strictly necessary in order to comply with a pre-action protocol.

“However, proceedings must be pursued properly, and that means making sure that representing your client’s interests does not override wider public interest obligations and duties to the courts.”