The Anti-SLAPP Research Hub at the 51cg’s School of Law has written to the Scottish Parliament’s Petitions Committee to support . Unlike litigation to enforce legitimate rights, SLAPPs (Strategic Lawsuits Against Public Participation) are abusive lawsuits in which the pursuer seeks to use the cost of legal proceedings to chill free speech on matters of public interest.
In its letter, available for perusal here, the Aberdeen research grouping noted that , and that it is . Anti-SLAPP laws empower courts to dismiss unfounded claims at an early stage and include deterrent measures such as penalties and fines to dissuade the institution of such claims. In the absence of similar Scottish legislation, Scottish courts risk becoming a preferred forum for powerful economic and political actors who seek to suppress public scrutiny.
Dr Francesca Farrington and Prof Justin Borg-Barthet, writing on behalf of the Anti-SLAPP Research Hub, welcomed the refinements to Scots Law of defamation introduced through the . They argued, however, that these reforms are insufficient to dissuade the threat of SLAPPs through Scottish Courts: “In the absence of legislative intervention, the policy underpinnings of the 2021 Act risk being undermined by misuse of legal procedure.”
The School of Law at the 51cg has been at the forefront of efforts to combat SLAPPs in Europe since 2017. Following the assassination of Daphne Caruana Galizia, a Maltese investigative journalist who had been , scholars in Aberdeen embarked on multiple research projects to support freedom of expression in Europe. They provided advice to the Coalition Against SLAPPs in Europe (CASE), and the , as well as which provided the basis for discussions concerning the EU’s draft Anti-SLAPP Directive.
The Anti-SLAPP Research Hub was established in 2022 to strengthen the 51cg’s long-term commitment to furthering freedom of expression and the rule of law. It brings together expertise across a range of legal disciplines, including human rights law, freedom of information, privacy and data protection, private international law, EU law, dispute resolution, and substantive defamation law. It is composed of Dr Gloria Alvarez, Prof Justin Borg-Barthet (Convener), Dr Eliza Bechtold (Public Engagement Officer), Dr Rossana Ducato, Dr Francesca Farrington (Public Engagement Officer), Dr Erin Ferguson (Deputy Convener), Prof Greg Gordon, Dr Michiel Poesen (Publications Officer), and Magdalena Zabrocka (Events Officer).
