SLAPPs Are Rising

In recent years, wealthy individuals and corporations have increasingly turned to the courts not to seek justice, but to silence journalists. Strategic Lawsuits Against Public Participation — known as SLAPPs — use the threat of expensive, protracted litigation to intimidate reporters, publishers, and campaigners into dropping stories that are clearly in the public interest. For UK journalists, understanding the SLAPP threat is now essential.

What Is a SLAPP?

A SLAPP is a legal action — typically a defamation claim, a privacy claim, or a data protection complaint — that is brought not with the genuine intention of vindicating a legal right, but with the primary aim of silencing criticism or investigative journalism. The defining characteristics of a SLAPP include:

• Disproportionate resources: The claimant typically has far greater financial resources than the defendant, creating a fundamental power imbalance.
• Intimidatory conduct: Aggressive legal letters, threats of enormous damages claims, and instructions to "cease and desist" are designed to frighten rather than to resolve a genuine dispute.
• Targeting public interest journalism: The underlying story almost always concerns matters of legitimate public concern — corruption, fraud, environmental damage, or abuse of power.
• Abuse of process: The legal action is used as a weapon rather than a legitimate pursuit of justice. The claimant often has little interest in actually going to trial — the threat itself is the weapon.

The Scale of the Problem in the UK

The UK has become known internationally as a jurisdiction of choice for SLAPPs, particularly in defamation cases. London's reputation as a centre for "libel tourism" has diminished somewhat since the Defamation Act 2013 introduced a "serious harm" requirement, but the problem persists. Research by the Foreign Policy Centre found that SLAPP threats against UK journalists and publishers increased significantly between 2020 and 2025.

High-profile cases have involved oligarchs suing investigative journalists, corporations threatening environmental campaigners, and property developers targeting local reporters. In many cases, the journalist or publisher has been forced to withdraw stories, accept restrictive settlements, or spend years fighting costly legal battles.

How SLAPPs Harm Journalism

The damage caused by SLAPPs extends far beyond the individual cases:

• Chilling effect: When one journalist is sued, others take note. Stories that should be told are never written because the legal risk is too great, particularly for freelancers and small publishers who cannot afford to defend a claim.
• Financial devastation: Even a successful defence can cost tens or hundreds of thousands of pounds. Freelance journalists and small publications may face bankruptcy.
• Emotional toll: Being the subject of aggressive legal proceedings causes significant stress and anxiety. See our guide to mental health resources for journalists.
• Self-censorship: The mere threat of legal action can lead to self-censorship, with journalists avoiding entire subject areas or softening their reporting to minimise legal risk.

UK Legal Protections

The Defamation Act 2013

The Defamation Act 2013 introduced several important protections for journalists, including the "serious harm" threshold (a claimant must show that the publication has caused or is likely to cause serious harm to their reputation), a new public interest defence, and protections for peer-reviewed statements in scientific and academic journals. However, the Act does not specifically address SLAPPs.

The Strategic Litigation Against Public Participation Bill

Following sustained campaigning by the NUJ, the Society of Editors, and anti-SLAPP organisations, the UK Government introduced anti-SLAPP legislation. The key provisions include:

• Early dismissal mechanism: Defendants can apply to have SLAPP claims struck out at an early stage, before incurring the full costs of defending the action.
• Cost protection: Measures to protect defendants from being overwhelmed by the claimant's legal costs during proceedings.
• Definition of SLAPPs: A statutory definition that identifies the hallmarks of a SLAPP, including the power imbalance and the targeting of public participation.

While this legislation represents progress, campaigners argue that the provisions need to be strengthened and that implementation will be key to their effectiveness.

What to Do If You Receive a SLAPP Threat

If you receive an aggressive legal letter threatening action over your journalism, here is what you should do:

• Do not panic: Many SLAPP threats never progress to actual litigation. The letter itself is often the primary weapon.
• Do not respond immediately: Take time to assess the situation and seek advice before replying.
• Contact the NUJ: If you are an NUJ member, contact the union's legal team immediately. The NUJ can provide advice, legal support, and representation.
• Contact your publisher's legal team: If you are a staff journalist, alert your editor and in-house lawyers. If you are a freelancer, contact the publication that ran the story.
• Contact the Coalition Against SLAPPs in Europe (CASE): CASE provides support and connects journalists facing SLAPPs with legal resources.
• Preserve all evidence: Keep copies of all correspondence, your source materials, and your notes. Do not delete anything.
• Document the threat: Keep a record of the threatening behaviour, including the timing, the tone, and the demands being made.

Resources and Support

• NUJ Legal Support: Available to all NUJ members facing legal threats related to their journalism
• Media Defence: An international organisation that provides legal defence funding for journalists, including those facing SLAPPs
• Coalition Against SLAPPs in Europe (CASE): Provides resources, advocacy, and support for journalists facing SLAPP threats
• Press Freedom organisations: The Committee to Protect Journalists (CPJ) and Reporters Without Borders (RSF) can raise international awareness of SLAPP threats

How the Industry Can Respond

Fighting SLAPPs requires collective action. Individual journalists cannot stand alone against well-funded legal threats. The industry needs to:

• Support robust anti-SLAPP legislation and monitor its implementation
• Establish legal defence funds for journalists facing SLAPP threats
• Publicise SLAPP cases to raise awareness of the tactic
• Ensure that newsroom legal departments are trained to recognise and resist SLAPP tactics
• Support union membership as a collective defence against legal intimidation