26 Sep 2025 | Bulgaria, Europe and Central Asia, News and features, SLAPPs, Statements
Media freedom in Bulgaria faces entrenched challenges in a climate of political polarisation and legislative inertia, with urgent action needed by government and public authorities to push forward both domestic and EU-mandated reforms, a coalition of international press freedom organisations said today.
Following a three-day mission to Sofia between 24 and 26 September, the delegation concluded that progress is needed to prevent and prosecute attacks on journalists, resolve the ongoing dispute over the leadership of the public broadcaster, guarantee the independence of the Council for Electronic Media (CEM) and pass anti-SLAPP legislation. Despite the important work of key journalist associations, there is a low level of solidarity within the journalistic profession.
The mission, organised by the Council of Europe’s Safety of Journalists Platform and the Media Freedom Rapid Response (MFRR), also found that Bulgaria is lagging behind in implementing the European Media Freedom Act (EMFA), in force since August this year. A government working group has been suspended, with no indication of when discussions involving all relevant authorities and stakeholders will resume.
The mission did not have the opportunity to discuss the issue with the body in charge of media policies, the Ministry of Culture, since it was the only relevant public authority which refused to meet the delegation, despite repeated requests.
Following the mission, the partner organisations jointly call for greater political will and cross-party support to address deepening institutional paralysis and drive forward much needed reforms under the EMFA, which if properly implemented will help safeguard media freedom, pluralism and independence.
Safety of journalists
Though serious physical attacks on reporters and media workers in Bulgaria remain relatively uncommon, some media stakeholders told the mission that general hostility against the journalistic profession had increased in recent years. The mission called on the authorities to promptly investigate several assaults against media workers recorded on the Safety of Journalists Platform and bring those responsible to justice. Political pressures including intimidation and insults against journalists by politicians remain a cause of concern, even though direct political pressures on journalists have lessened compared to previous years.
The Council of Europe’s Platform for the Safety of Journalists currently has 34 active alerts involving attacks on journalists or threats against media freedom. Physical attacks account for one third of the cases, although their number has also dropped compared to previous years. Threats, including death threats, against journalists remain a serious concern but are too rarely sanctioned by authorities.
The mission notes the low levels of trust by journalists in the law enforcement authorities and prosecutors to secure justice in cases of attacks. Previous cases involving attacks on journalists by police have suffered from delayed justice. Certain stakeholders raised ongoing concerns about politicised investigations by prosecutorial authorities against the media. The mission welcomes the support of the Chief Prosecutor’s Office and the President for proposals to monitor and record serious cases and strengthen provisions within the criminal code to introduce higher sanctions for those convicted of attacking journalists.
The Council for Electronic Media and the public broadcaster
The mission concludes that the ongoing dispute between the Director General of the Bulgarian National Television and the CEM risks undermining public trust in the public broadcaster and the regulator’s appointment process. Two elections by the CEM have failed to reach a majority on appointing a new director general, with the incumbent continuing in the role three years past his original mandate, as pointed out by the European Commission’s 2025 Rule of Law Report.
A judicial review into the process is ongoing and a new attempt to appoint a director general is scheduled to take place on 16 October. The mission organisations call for the process to appoint a new director general of BNT to be conducted in a fair and transparent manner and for parties involved to act in accordance with the law.
The mission also heard criticism from some stakeholders about the editorial independence of BNT, reflecting concerns raised in the EU Rule of Law Report and the Media Pluralism Monitor. It is essential that EMFA-mandated reforms are implemented to strengthen the broadcaster’s editorial independence, which must be also guaranteed by adequate, sustainable and predictable financial resources.
The delegation concludes that reforms are required to both insulate CEM from political influence and bolster its operational resources. Multiple stakeholders noted perceived political affiliations of certain council members. The mission supports legislative proposals for reforms to strengthen the independence of all future candidates, in line with the provisions of the EMFA.
However, changes to the makeup or election process for the CEM must be conducted under the principles of independence, legality and pluralism. The healthy functioning of the CEM is vital for the effective regulation of the media ecosystem in Bulgaria. The regulator also requires greater operational resources to carry out its expanded mandate. Proposals to merge the CEM with other regulatory bodies risks disrupting its mandate and weakening its regulatory powers.
Legal threats, SLAPPs and defamation
The legal environment in Bulgaria creates persistent risks for journalists. According to journalists the mission met, there are dozens of active strategic lawsuits against public participation (SLAPPs) targeted at media and journalists. Investigative journalists and those probing crime and corruption are among the most targeted by SLAPPs, with major businesses and insurance companies, politicians, and judges among the most common plaintiffs. Many of these cases involve extortionate demands for financial compensation.
The mission welcomes the preparations by the Ministry of Justice for the transposition of the 2024 Anti-SLAPP Directive. However, the organisations also express concern that the focus appears to be solely on the implementation of the EU Directive without equal attention to the Council of Europe Recommendation on SLAPPs. A key concern is that criminal defamation remains a legal tool in Bulgaria and politicians missed the opportunity to fully decriminalise defamation during recent criminal code changes.
Recent amendments lowered the minimum fines for insult and defamation and eliminated the automatic aggravated qualification when the person concerned is a civil servant. The reforms also introduced the possibility of waiving criminal liability and replacing it with administrative sanctions in cases concerning insult or defamation of state officials acting in their official capacity. Nevertheless, the continued criminalisation of defamation remains inconsistent with international freedom of expression standards and continues to allow the strategic use of criminal law against the media and journalists.
Legislation, pluralism and media capture
Repeated cycles of elections and the subsequent disruption of government working groups have resulted in delays to reforms that are badly needed to bring about a healthy media ecosystem in Bulgaria. Though initial work was done to prepare for the implementation of the EMFA, which came into full force in August 2025, the mission learnt that the Ministry of Culture has suspended the process.
Implementation of the EMFA is vital for addressing many of the systemic challenges facing media freedom and pluralism in Bulgaria. The mission concluded that the country suffers from some levels of media capture, with the non-transparency of media ownership, particularly anonymous online media, and the non-transparency of state advertising among most acute concerns. At the local and regional level, the economic dependence of media on advertising from local authorities has exposed them to financial pressures and in many cases weakened editorial independence.
Media pluralism in Bulgaria remains limited and independent journalism faces pressures from many sides, including ownership interference, self-censorship, threats to economic viability of watchdog journalism, and lingering concerns over the independence of major television broadcasters. Though Bulgaria has professional investigative journalists probing crime and corruption, they work in a climate of pressure, including death threats, harassment and vexatious lawsuits.
The legislative climate for access to information is inadequate and continues to face challenges, with journalists facing obstructions stemming from a general culture of opacity from state bodies. Requests for interviews with political leaders are routinely rejected and Freedom of Information (FOI) requests are often either ignored or partially answered. Parliamentary reporters continue to face disproportionate limits on their movement within the new parliament building, limiting scrutiny.
The precarious working conditions of many journalists in Bulgaria, including low pay and weak labour protections, pose further challenges for the profession, undermining the ability of media workers to oppose threats to editorial independence in their newsrooms.
Institutional and regulatory dysfunction, problematic media ownership and political influence have combined to weaken public trust in journalism in Bulgaria, with the country ranking among the lowest in Europe for trust in news, and among the highest levels of news avoidance.
This has created a vacuum in which disinformation can more easily spread, particularly on social media. Despite this clear threat, the government has failed to create a national disinformation strategy, with the work of the multi-stakeholder Bulgarian Coalition Against Disinformation remaining frozen since 2023. It is vital that Bulgaria swiftly designate and empower a national Digital Services Coordinator (DSC) and establish rules for penalties under the Digital Services Act(DSA).
Following the mission, the partner organisation call on the European Commission to closely observe the implementation of the EMFA in Bulgaria, provide concrete and measurable recommendations within the Rule of Law Report, deepen conditionality on EU funds, and to use all tools available to ensure compliance with the EMFA, the anti-SLAPP directive and other European standards, such as the Digital Services Act.
Recommendations
The mission outlines the following recommendations to improve the situation for media freedom in Bulgaria. More detailed recommendations will be provided in the full report to follow.
Safety of journalists
● Government and political authorities should refrain from and condemn all cases of denigration, vilification, intimidation and threats against journalists, including online attacks
● The Bulgarian government should join the
Safety of Journalists Campaign, establish contact points for journalists in law enforcement and ministerial bodies, and improve horizontal collaboration between ministries on the safety of journalists.
● Review and improve legislation to strengthen the criminal code with stronger sanctions for those convicted of attacking journalists and create a system for specifically recognising and categorising cases of attacks on the press and media workers.
● The Bulgarian government should encourage the establishment of, and support the operation of, early-warning and rapid-response mechanisms, such as hotlines, online platforms or 24-hour emergency contact points, by journalists’ organisations or civil society, to ensure that journalists and other media actors have immediate access to protective measures when they are threatened.
CEM and public broadcasters
● The process by CEM to appoint a new Director General of BNT must be conducted in a fair and transparent manner and all parties involved must act in accordance with the law.
● The government should implement reforms in line with the EMFA which strengthen the safeguards for editorial and institutional independence of BNT and BNR while also guaranteeing adequate, sustainable and predictable financial resources to both broadcasters.
● The government should implement reforms in line with the EMFA which insulate the Council for Electronic Media from political influence and interference and strengthen its functional independence, while also providing it with sufficient resources for operational stability.
Strategic lawsuits against public participation (SLAPPs)
● The Ministry of Justice should transpose and implement both the EU Directive and the Council of Europe (CoE) Recommendation against SLAPPs, to ensure that both cross-border and domestic SLAPPs are effectively addressed.
● The government should ensure that the indicators for identifying SLAPPs, as foreseen in the CoE Recommendation, are incorporated into national law to assist judges in recognizing such cases. During the drafting process, the Ministry of Justice should make use of the expertise available from the CoE.
● Authorities should continue to train judges, prosecutors, lawyers, and police officers on European standards related to media freedom, including defamation, SLAPPs, hate speech, access to information, and the protection of whistleblowers and journalistic sources. This is essential to ensure that court rulings and practices align with the standards of the European Court of Human Rights.
● The government and the parliament of Bulgaria should fully decriminalise defamation.
Media legislation and EMFA
● The government should swiftly implement and align domestic legislation with the European Media Freedom Act under a transparent and inclusive process.
● In addition to reforms to the public service media and media regulators outlined above, the government should implement reforms mandated under the EMFA which require the establishment of a media ownership registry, which must be transparent, functional, up-to-date and easily accessible for journalists and citizens.
● The government should implement reforms outlined in the EMFA for fair and transparent distribution of public funds and state advertising to the media. Only media companies which have registered in the ownership database and provided up-to-date information about their direct and beneficial ownership should be eligible to receive state advertising.
● In addition, the government should consider establishing conditions that only media outlets which abide by the Ethical Code of Journalists should be eligible for receiving state advertising, as a means of defunding disinformation.
● Media professionals should unite with journalistic associations and other bodies to strengthen solidarity and cooperation within the journalistic profession.
More detailed recommendations will follow in the full report from the mission.
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The mission to Sofia was coordinated as part of the Council of Europe’s Safety of Journalists Platform and the Media Freedom Rapid Response (MFRR). The delegation was composed of representatives from ARTICLE 19, Association of European Journalists (AEJ), European Centre for Press and Media Freedom (ECPMF), European Broadcasting Union (EBU), European Federation of Journalists (EFJ), Index on Censorship, International Press Institute (IPI), Reporters Without Borders (RSF) and the Osservatorio Balcani e Caucaso Transeuropa (OBCT).
The delegation met with a range of stakeholders, including leading journalists and editors from print, online and investigative media, as well as media associations and unions, media experts and civil society. Separate meetings were held with the Bulgarian National Radio and the Bulgarian National Television. Meetings were also held with the Bulgarian President; Ministry of Justice; Ministry of Interior; Council of Electronic Media (CEM); Office of General Prosecutor; Commission for Personal Data Protection; Central Election Commission and representatives of embassies.
The mission held a press conference on 26 September in Sofia. A full report is due to be published after the mission and will be shared with all domestic political stakeholders, the Council of Europe, the European Union and international organisations.
29 Aug 2025 | Americas, Europe and Central Asia, Iran, Israel, Middle East and North Africa, News and features, Palestine, United Kingdom, United States
Bombarded with news from all angles every day, important stories can easily pass us by. To help you cut through the noise, every Friday Index publishes a weekly news roundup of some of the key stories covering censorship and free expression. This week, we look at the Israeli “double-tap” strike on a hospital that killed 20 people, and the sexual misconduct libel case of actor Noel Clarke.
In public interest: Actor Noel Clarke loses libel case against The Guardian
Prominent English actor Noel Clarke has lost a lengthy sexual misconduct libel case in High Court against The Guardian in which 26 witnesses testified against him.
The landmark case was based on a series of articles and a podcast published by the Guardian between April 2021 and March 2022 in which more than 20 women accused Clarke of sexual misconduct, with allegations ranging from unwanted sexual contact to taking and sharing explicit pictures without consent. The actor claimed that these allegations were false, bringing libel charges against the Guardian over what he believed was an unlawful conspiracy, reportedly seeking £70 million in damages if his case was successful.
Mrs Justice Steyn, ruling on the case, gave the verdict that the Guardian succeeded in defending themselves against the legal action on truth and public interest grounds, with Steyn stating that Clarke “was not a credible or reliable witness”, and that his claims of conspiracy were “born of necessity” due to the sheer number of witnesses testifying against him. In a summary of the findings, she ruled that the allegations made were “substantially true.”
The UK Anti-SLAPP Coalition, headed by Index on Censorship, have stated that while this is a crucial ruling, the case “exerted a significant toll on The Guardian and its journalists”, and that a universal anti-SLAPP law is necessary to avoid similar situations from occurring. Index also stated that “public interest journalism needs greater protections”. Katharine Viner, editor-in-chief of the Guardian, wrote this was a landmark ruling for investigative journalism and for the women involved. During proceedings, the court heard that one woman had been threatened with prosecution by Clarke’s lawyers in what was described by the lawyer acting for the Guardian as an attempt at witness intimidation.
Back–to–back strikes: more journalists killed in “double tap” attack on Gaza hospital
An Israeli attack in which two missiles hit back-to-back on the same Gaza hospital has killed at least 20 people, including four health workers and five journalists.
The attack struck Nasser Hospital in Khan Younis, southern Gaza Strip, at approximately 10am on Monday 26 August. An initial missile hit the hospital, killing at least one person – then approximately ten minutes later, when rescue workers and journalists had flooded the scene, a second strike hit the hospital. This second attack was broadcast live on Al Ghad TV, and showed a direct hit on aid workers and reporters,. The nature of the attack has led to it being dubbed a “double-tap”, a military tactic in which an initial strike on a target is followed up shortly after with a second strike, which targets those who rush to the scene.. The IDF have released an initial inquiry into the attack, and are further investigating “several gaps” in how this incident came to pass.
The five media workers killed were Reuters journalist Hussam al-Masri who died in the initial strike, and Mohammad Salama of Al-Jazeera, Mariam Dagga of Associated Press, Ahmed Abu Aziz of Middle East Eye, and independent journalist Moaz Abu Taha killed subsequently. The attack follows a targeted Israeli strike on 10 August that left four Al-Jazeera journalists and three media workers dead. The Committee to Protect Journalists have documented that at least 189 Palestinian journalists have been killed by Israeli attacks in Gaza since the start of the war.
Putting out fires: Trump attempts to ban the burning of American flags
Donald Trump is moving to ban the burning of United States flags – an act that has been protected under a Supreme Court ruling since 1989.
Stating that burning the flag “incites riots at levels we’ve never seen before,” Trump signed an executive order that calls for Attorney General Pam Bondi to challenge a court ruling that categorises flag burning as legitimate political expression under the constitution. He outlined how anyone caught committing the offence would be subject to one year in jail – a statement that will be tested soo. Mere hours after signing the order a 20-year-old man was arrested for burning an American flag just outside the White House.
The White House published a fact sheet that described desecrating the American flag as “uniquely and inherently offensive and provocative”, and referenced the burning of the flag at the 2025 Los Angeles protests alongside conduct “threatening public safety”. They argue that despite the 1989 ruling, the Supreme Court did not intend for flag burning that is “likely to incite imminent lawless action” or serve as a form of “fighting words’” to be constitutionally protected.
The crime of online activism: Iranian activist sentenced to prison over social media activism
Iranian student activist Hasti Amiri has been sentenced in absentia to three years in prison for her social media advocacy for women’s rights and against the death penalty.
Amiri, who previously served 7 months in a Tehran prison in 2022 over her anti-death penalty stance, has been sentenced by a Revolutionary Court in Iran to three years imprisonment and a 500 million Iranian rial fine for “spreading falsehoods” and “propaganda against the state”, as well as a 30.3 million rial fine for appearing without a hijab in public.
Amiri reported all of the charges against her in a post on Instagram, writing that “When simply opposing the death penalty is considered propaganda against the state, then execution itself is a political tool of intimidation”. She is the latest human rights activist to face criminal charges in Iran – Sharifeh Mohammadi was recently sentenced to death for “rebelling against the just Islamic ruler(s)”, and student activist Motahareh Goonei was this week sentenced to 21 months in prison for the same crime of “propaganda against the state”.
Reforming local government: Reform UK bans local press access in Nottinghamshire
Journalists from the Nottingham Post have been banned from speaking to Reform UK members of Nottinghamshire County Council in what has been called a “massive attack on local democracy.”
Mick Barton, Reform’s council leader in Nottinghamshire reportedly took issue with the paper following an alleged dispute over an article covering a disagreement between councillors. The decision has been condemned by three former county council leaders, and has drawn scrutiny from national groups such as the National Union of Journalists and the Society of Editors.
The ban also covers reporters at the Nottingham Post from the BBC-funded Local Democracy Reporting Service which shares stories with media outlets across the country. The newspaper has also found out that press officers at the council have been told to take reporters off media distribution lists, meaning they won’t get press releases or be invited to council events. Leader of the opposition and former council leader Sam Smith criticised the ban: “The free press play a key role in keeping residents informed of actions being taken by decision makers and in return the press express the views of residents to the politicians and public in publishing balanced articles.”
Reform MP for Ashfield Lee Anderson, who has a history of disagreements with the Nottingham Post, has announced that he will also be joining the boycott. This follows social media posts from the MP accusing journalists of having a negative bias towards the party.
25 Oct 2024 | Ireland, News and features
Following a two-day mission to Dublin on 22-23 October 2024, the partners of the Council of Europe’s Platform on Safety of Journalists today called on Irish authorities to continue to engage with civil society in order to prioritise the reform of defamation legislation, the adoption of comprehensive anti-SLAPP provisions, the safety of journalists throughout the island of Ireland, and a sustainable model for trusted public service media.
The Partner organisations met with journalists, representatives of the National Union of Journalists (NUJ) and government officials from the Department of Justice and the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media. The delegation noted with concern the ongoing delays in reforming Ireland’s defamation laws and highlighted the urgency of reform that incorporates strong anti-SLAPP provisions. The organisations also note the transposition timeline for the EU Anti-SLAPP Directive requires a timely engagement by the authorities on this vital issue.
While it is unlikely the Defamation (Reform) Bill will be passed prior to the expected General Election, it is vital the new administration gives priority to this Bill.
Without the necessary reforms, Ireland will be without adequate protections against abusive legal threats at a time when powerful actors, including politicians, are using defamation and the threat of defamation law to silence or intimidate journalists.
We further express our grave concern regarding the treatment of journalists and their sources in Northern Ireland, exemplified by but not limited to the cases of Barry McCaffrey and Trevor Birney who have been surveilled by police forces based in England and Northern Ireland to identify their sources. Evidence produced during hearings of the Investigatory Powers Tribunal has established that McCaffrey’s communications have been monitored on five separate occasions between 2008 and 2018. There have been further reports of applications to access the information of more than 320 journalists and 500 lawyers. Due to the cross-border nature of this alleged surveillance and journalism, we call on the Irish authorities to engage with its UK counterparts to ensure that such flagrant abuses of press freedom are prevented in the future.
The delegation recognises and welcomes the efforts of the Irish authorities to maintain a structural dialogue with journalists themselves, through the presence of NUJ and journalist representatives on the Media Engagement Group. Such engagement is vital at times of heightened tensions, such as demonstrations, elections and protests and is at the heart of the Council of Europe Journalism Matters campaign. We urge the next administration to maintain this work and to ensure it is resourced sufficiently in order to remain a vital and valued resource and point of support for all journalists. This could ensure Ireland can become an exemplar for other Council of Europe member states in respect of promoting the safety of journalists.
The Platform is concerned by reports of the Garda Síochána demanding access to journalists’ material particularly related to covering demonstrations. We call on the Gardaí to cease making these demands which also increase the security risks faced by journalists who may be targeted by demonstrators who believe their recordings will be used by the Gardaí. Moreover we call on the Gardaí to do more to engage with journalists on protecting them from growing threats online or offline.
The Platform partners are also concerned by the recently announced 3-year funding model for the Irish public broadcaster RTÉ, which risks resulting in staff cuts and the outsourcing of productions. We call on the authorities to ambitiously implement the European Media Freedom Act’s Article 5, which obliges EU Member States to ensure adequate, sustainable and predictable funding for public service media.
Finally, the delegation calls on the Irish government to take fresh action in respect of the 2001 murder of journalist Martin O’Hagan. A new government in the UK and an imminent election in Ireland provides the opportunity for a fresh start in this case to ensure impunity does not endure. We call on the Irish government to engage with the UK authorities to take effective actions in order to investigate this egregious case anew.
The delegation was composed of representatives from the Association of European Journalists (AEJ), the Committee to Protect Journalists (CPJ), the European Broadcasting Union (EBU), the European Centre for Press and Media Freedom (ECPMF), the European and International Federations of Journalists (EFJ-IFJ), Index on Censorship, the International Press Institute (IPI), Justice For Journalists Foundation (JFJ), PEN International, International News Safety Institute (INSI) and Reporters Without Borders (RSF).
11 Apr 2024 | News and features, United Kingdom
Over sixty editors, journalists, writers, publishers, academics, and experts have written to Justice Secretary Alex Chalk KC MP calling on the Government to support amendments to the Strategic Litigation Against Public Participation Bill. Signatories include the editors of DMG Media, The Wall Street Journal, The Guardian, The Telegraph, The Times and The Sunday Times, Private Eye, and The Economist.
“We are closer than ever to establishing a standalone anti-SLAPP law, but we cannot let its roximity stop us from ensuring the Bill does what it is intended to: protecting public interest speech from being silenced by SLAPPs,” the letter said.
The signatories are calling on the Government to address the fundamental flaw at the centre of the Bill’s early dismissal mechanism that requires a court to make a subjective judgement as to the intent of a SLAPP claimant in order to determine whether the legal action can be identified as a SLAPP. They echo concerns raised by the Law Society and MPs, that identifying a claimant’s intent “is a notoriously difficult, time-intensive, expensive and uncertain process that would undermine the effective operation of the protections the law provides.”
The signatories highlight concerns that deficiencies of the Economic Crime and Corporate Transparency Act (ECCTA) were previously made clear to the Government, but yet have been replicated in full in the Anti-SLAPP Bill.
“If enacted in its current form, the Bill risks becoming an ineffective, inaccessible, and ultimately redundant legal instrument,” the letter said. “[B]y making a small but important amendment, we can ensure courts and judges are able to make timely, consistent and evidence-based determinations of SLAPP cases before legal costs have accrued.”
The signatories also called for the definition of public interest in the Bill to be refined in order to further strengthen the legislation. “We believe the current definition of public interest could introduce unnecessary uncertainty, which must be avoided for this Bill to be effective”, they said.
“[A]n Anti-SLAPP Law must be accessible, simple and trusted by public watchdogs to effectively protect free expression,” the signatories said.
Katharine Viner, Editor-in-Chief, The Guardian said: “SLAPPs threaten free speech and a free press by enabling those with deep pockets to harass, intimidate and exhaust critics with the goal of deterring public interest journalism. We welcome the work to get a workable anti-SLAPP law in place, with these small changes being vital to making that happen.”
Catherine Belton, International investigative reporter, Washington Post, Author, Putin’s People, said: “It’s really important that after all the crusading work by NGOs and MPs, journalists don’t end up with a law that is ultimately ineffective or worse, counterproductive, in combating SLAPPs. In its current form, the proposed legislation would not improve the situation for any journalist and instead more likely strengthen any claimant’s hand, as it will be near impossible to prove a claimant’s intent. This law must be urgently amended, otherwise we risk shooting ourselves in the foot.”
Here is the full letter to Alex Chalk KC MP sent on 10 April 2024:
Rt. Hon. Alex Chalk KC MP, Secretary of State for Justice
Rt. Hon. Rishi Sunak MP, Prime Minister of the United Kingdom
Rt. Hon. Lucy Frazer KC MP, Secretary of State for Digital, Culture, Media and Sport
Ms. Julia Lopez MP, Minister of State (Department for Culture, Media and Sport)
Rt. Hon. Lord Cameron, Secretary of State for Foreign, Commonwealth and Development Affairs
Ms. Shabana Mahmood MP, Shadow Labour Secretary of State for Justice
Rt. Hon. Alistair Carmichael MP, Liberal Democrat Spokesperson for Home Affairs, Justice and Northern
Ireland
Mr. Chris Stephens MP, Shadow SNP Spokesperson (Justice)
Mr. Paul Philip, Chief Executive, Solicitors Regulation Authority
Mr. Mark Neale, Director-General, The Bar Standards Board
Mr. Matthew Hill, Chief Executive, Legal Services Board
Mr. Michael O’Flaherty, Council of Europe Commissioner for Human Rights
Ms. Teresa Ribeiro, Organization for Security and Co-operation in Europe Representative on Freedom of the
Media
Mr. Volker Türk, United Nations High Commissioner for Human Rights
Ms. Irene Khan, United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of
Opinion and Expression
10 April 2024
Dear Rt. Hon. Alex Chalk KC MP,
We are contacting you ahead of the committee stage of the Strategic Litigation Against Public Participation Bill, a Private Members’ Bill brought by Wayne David MP to support the small but crucial amendment proposed by the UK Anti-SLAPP Coalition. We are closer than ever to establishing a standalone anti-SLAPP law, but we cannot let its proximity stop us from ensuring the Bill does what it is intended to: protecting public interest speech from being silenced by SLAPPs. As drafted we fear the Bill falls short of the necessary protections needed to achieve this goal.
Since the anti-SLAPP amendment was published in the Economic Crimes and Corporate Transparency Act (ECCTA) last year, stakeholders on both sides of the SLAPP debate have raised concerns about the efficacy of the Government’s approach. The deficiencies of the ECCTA’s anti-SLAPP provisions have been made clear to the Government, yet they have been reproduced in their entirety in the Private Members’ Bill. If enacted in its current form, the Bill risks becoming an ineffective, inaccessible, and ultimately redundant legal instrument.
However, there is still an opportunity to remedy this to ensure it is a Bill that will serve its purpose. Currently, the definition of a SLAPP requires a court to make a subjective judgement as to the intent of a claimant in order to determine if the legal action in question can be identified as a SLAPP. This is a notoriously difficult, time-intensive, expensive and uncertain process that would undermine the effective operation of the protections the law provides. Using the subjective test will hinder the early dismissal mechanism that sits at the heart of this Bill, but by making a small but important amendment, we can ensure courts and judges are able to make timely, consistent and evidence-based determinations of SLAPP cases before legal costs have accrued.
As the Bill comes before the Bill Committee for scrutiny, we call for the Government to support amendments to Clause 2(1) to replace the subjective test with an objective test. This would give SLAPP targets greater certainty, while also providing the clarity courts need to effectively apply the new mechanism.
Refining the definition of public interest in the Bill would further strengthen this piece of legislation. We believe the current definition of public interest could introduce unnecessary uncertainty, which must be avoided for this Bill to be effective. While the examples in the Bill are only illustrative, it is vital that the definition demonstrates the breadth and diversity of public interest reporting to give confidence to public watchdogs.
This close to establishing an Anti-SLAPP Law that is universal in scope, we must ensure it can live up to the expectations of everyone who speaks out in the public interest. Only then will free expression be protected.
We hope that you agree that an Anti-SLAPP Law must be accessible, simple and trusted by public watchdogs to effectively protect free expression.
Kind regards,
Editorial and media senior management
Rozina Breen, CEO, The Bureau of Investigative Journalism (TBIJ)
Paul Dacre, Editor-in-Chief, DMG media
Chris Evans, Editor, The Telegraph
Tony Gallagher, Editor, The Times
Alessandra Galloni, Editor-in-Chief, Reuters
Isabel Hilton, Co-Chair, TBIJ
Ian Hislop, Editor, Private Eye
John Micklethwait, Editor-in-Chief, Bloomberg News
Zanny Minton Beddoes, Editor-in-Chief, The Economist
Paul Radu, Co-Executive Director, OCCRP
Richard Sambrook, Co-Chair, TBIJ
Aman Sethi, Editor-in-Chief, openDemocracy
Drew Sullivan, Publisher, Organized Crime and Corruption Reporting Project (OCCRP)
Ben Taylor, Editor, The Sunday Times
Emma Tucker, Editor-in-Chief, The Wall Street Journal
Ted Verity, Editor, The Daily Mail
Katharine Viner, Editor-in-Chief, The Guardian
Paul Webster, Editor, The Observer
Franz Wild, Editor, TBIJ
Associations, foundations and media support organisations
Lionel Barber, Chairman, The Wincott Foundation
Sarah Baxter, Director, Marie Colvin Center for International Reporting
Matthew Caruana Galizia, Director, The Daphne Caruana Galizia Foundation
Anthony Fargo, Director, Center for International Media Law and Policy Studies
George Freeman, Executive Director, Media Law Resource Center
Alexander Papachristou, Executive Director of the Cyrus R. Vance Center for International Justice
Michelle Stanistreet, General Secretary, National Union of Journalists
Sayra Tekin, Director of Legal, News Media Association
Lawyers and other legal professionals
Rupert Cowper-Coles, Partner and Head of Media, RPC
Matthew Dando, Partner and Head of Media Litigation, Wiggin LLP
David Hooper, Media Lawyer and writer on SLAPPs, Author, Buying Silence
Matthew Jury, Managing Partner, McCue Jury & Partners LLP
Baroness Helena Kennedy of the Shaws KC, Director, International Bar Association’s Human Rights Institute
Nicola Namdjou, General Counsel at Global Witness
Gill Phillips, Editorial Legal Consultant
David Price KC
Pia Sarma, Editorial Legal Director, Times Newspapers Ltd
Mark Stephens CBE, Lawyer, Co-Chair International Bar Association Human Rights Committee, Trustee, Index on Censorship
Samantha Thompson, Media Defence Lawyer, RPC
Writers, journalists and authors
Catherine Belton, International investigative reporter, Washington Post, Author, Putin’s People
Tom Bergin, Author and investigative journalist, Reuters
Richard Brooks, Journalist, Private Eye
Bill Browder, Author, financier, and Head of Global Magnitsky Justice campaign
Tom Burgis, Author and investigations correspondent, The Guardian
Paul Caruana Galizia, Reporter, Tortoise Media
Bill Emmott, Journalist, author, and former editor-in-chief of The Economist
Peter Geoghegan, Journalist and author
George Greenwood, Investigations Reporter, The Times
Eliot Higgins, Author and journalist
Edward Lucas, Author, European and transatlantic security consultant and fellow at the Center for European Policy Analysis (CEPA)
Thomas Mayne, Researcher and writer
Trevor Phillips, Broadcaster, writer and chair of Index on Censorship
Clare Rewcastle Brown, Journalist
Publishers
José Borghino, Secretary General, International Publishers Association
Dan Conway, CEO, Publishers Association
Andrew Franklin, Founder and publisher, Profile Books and trustee of Index on Censorship
Arabella Pike, Publishing Director, HarperCollins Publishers
Nicola Solomon, Chief Executive, Society of Authors
Academics
Peter Coe, Associate Professor in Law, Birmingham Law School, University of Birmingham
John Heathershaw, Professor of International Relations, University of Exeter
Andrew Scott, Associate Professor, London School of Economics and Political Science
Ursula Smartt, Media Lawyer, Associate Professor of Law, Northeastern University London
Media Contacts
For any questions or quotes from the Coalition, or to organise any media engagement on this, please contact [email protected]
Notes
● The letter was coordinated by the UK Anti-SLAPP Coalition, which is an informal working group established in January 2021, co-chaired by the Foreign Policy Centre, Index on Censorship and CliDef. It comprises a number of freedom of expression, whistleblowing, anti-corruption and transparency organisations, as well as media lawyers, researchers and academics who are researching, monitoring and highlighting cases of legal intimidation and SLAPPs, as well as seeking to develop remedies for mitigation and redress.
● For more information about the Coalition – www.antislapp.uk
● The letter sent to Alex Chalk KC MP with the full signatory list – https://antislapp.uk/wp-content/uploads/2024/04/Anti-SLAPP-Amendment-Letter-to-Alex-Chalk-KC-MP-1.pdf
● The Strategic Litigation Against Public Participation Bill – https://publications.parliament.uk/pa/bills/cbill/58-04/0021/230021.pdf
● For more details about the proposed amendment – https://antislapp.uk/wp-content/uploads/2024/04/Amendment-Text.pdf
● The UK Anti-SLAPP Coalition response to the publication of the Anti-SLAPP Private Members’ Bill – https://antislapp.uk/2024/02/20/anti-slapp-pmb-amendments/
● The UK Anti-SLAPP Coalition response to the publication of the ECCTA – https://antislapp.uk/2023/10/26/a-landmark-moment-but-we-cant-stop-here/
