Following a public consultation, the Scottish Government has committed to adopting anti-SLAPP legislation which will be based on a Model Law drafted by Prof Justin Borg-Barthet and Dr Francesca Farrington of the University of Aberdeen’s Anti-SLAPP Research Hub. Strategic Lawsuits Against Public Participation (“SLAPPs”) are abusive lawsuits which have the purpose or effect of suppressing public participation. They are used by powerful actors to suppress freedom of expression on matters of public interest. Anti-SLAPP legislation dissuades abusive litigants and empowers respondents to repel unsound claims.
The decision to adopt legislation follows a petition submitted to the Scottish Parliament by former MP Roger Mullin, who argued that Scotland risked becoming an outlier and haven for abusive litigants. The Anti-SLAPP Research Hub has been at the forefront of efforts to bring the matter to the attention of legislators, including through the organisation of workshops in Aberdeen which brought together international experts to support the crafting of a Model Scottish ant-SLAPP law. Prof Borg-Barthet also provided evidence at the Scottish Parliament as part of the petition process.
Professor Borg-Barthet said: “We welcome the Scottish Government’s decision to introduce legislation to combat SLAPPs in Scotland. Our jurisdiction risked becoming an outlier as others in Europe and around the world develop and refine the tools available to deter abusive litigation which suppresses freedom of expression. The public consultation shows that there is widespread support among media and legal practitioners for the adoption of robust legislation.
We are also pleased that the Model Law, which Dr Francesca Farrington and I drafted, will provide the basis for legislative intervention. The Model Law is a result of extensive academic work and consultation, and draws on international best practice from Canada, the United States, the European Union, and the Council of Europe. As the legal drafting evolves, it is essential that the process be used to ensure that Scottish legislation provides the highest standards for protection of public participation.”
