Index condemns lawsuit against Bellingcat founder Eliot Higgins

Vladimir Putin tours the Concord factory and meets director Yevgeny Prigozhin, photo: Government of the Russian Federation

The undersigned organisations express their serious concern at the legal proceedings being brought in London against journalist Eliot Higgins, founder of the investigative journalism outlet Bellingcat. The lawsuit is being taken by Yevgeniy Prigozhin, a Russian oligarch who is widely known as “Putin’s Chef” due to his catering businesses and his close ties to Russian president Vladimir Putin. 

Prigozhin claims that he was defamed, and thereby caused serious reputational harm, by five tweets published by Higgins on his Twitter page in August 2020. He is suing Higgins not only for the content of the tweets, but for the content of the media articles (including reports by Bellingcat and CNN) that were linked in the tweets. The media articles referred to Prigozhin’s business operations’ tight links to Russia’s Defence Ministry and its intelligence arm, the GRU. 

In September 2021, Prigozhin announced via his press office that he had intended to sue Higgins and Bellingcat in the UK but was prevented from doing so due to the sanctions that had been imposed on him. The UK imposed sanctions on Prigozhin in 2020 for involvement in “significant foreign mercenary activity in Libya and multiple breaches of the UN arms embargo.” 

However in December 2021, Prigozhin succeeded in serving Higgins with the lawsuit. This raises questions around whether and why Her Majesty’s Treasury gave Prigozhin permission to proceed with the legal action despite the sanctions.

“We believe that the lawsuit that is being brought against Eliot Higgins is a strategic lawsuit against public participation,” the undersigned organisations said. SLAPPs are an abuse of the law aimed at silencing public interest speech. Index on Censorship has filed a media freedom alert to the Council of Europe Platform for the Protection of Journalism and Safety of Journalists.

In March 2022 Discreet Law LLP, which had been representing Prigozhin, successfully applied to withdraw from representing him. They did not publicly give any reason for the withdrawal at the time. 

The preliminary hearing in the case is due to take place on 13 April 2022.

Signed:

Index on Censorship

ARTICLE 19

Committee to Protect Journalists

The Daphne Caruana Galizia Foundation

English PEN

European Centre for Press and Media Freedom (ECPMF)

European Federation of Journalists (EFJ)

International Academy Serbia

International Institute – International Media Center

International Press Institute

IFEX

Global Witness

The Global Forum for Media Development

Justice for Journalists Foundation

National Union of Journalists

Organized Crime and Corruption Reporting Project (OCCRP)

PEN International 

Reporters Without Borders 

The Society of Authors

Spotlight on Corruption

South East Europe Media Organisation – SEEMO

Fifteen organisations condemn lawsuit against Forensic News, deeming it a SLAPP

The undersigned organisations express their serious concern at the legal proceedings, also known as SLAPPs, that have been brought against investigative journalist Scott Stedman, his US media company Forensic News, and three of his colleagues.

Between June 2019 and June 2020, Forensic News published six articles and a podcast about the business affairs of British-Israeli security consultant and businessman Walter Soriano, after he was summoned by the United States’ Senate Intelligence Committee. The Committee was reportedly interested in Soriano’s connections to several people of interest, including the Russian oligarch Oleg Deripaska, who had been a former business associate of Donald Trump’s campaign chairman Paul Manafort.

The Forensic News team was sued by Soriano in July 2020, one month after they published their last article about him. Although the defendants are all based in the United States and Forensic News is incorporated in the state of California, the lawsuit has been brought in London. 

A total of five claims were made in relation to data protection, libel, misuse of private information, harassment, and malicious falsehoods. Two of the claims, harassment and malicious falsehoods, have since been dismissed.

“We believe that the lawsuit that has been brought against Forensic News is a SLAPP,” the undersigned organisations said. SLAPPs abuse the law in order to silence critical coverage on matters of public interest. Index on Censorship has filed a media freedom alert to the Council of Europe Platform for the Protection of Journalism and Safety of Journalists.

“The case has many of the hallmarks of a SLAPP, including that Soriano is not only suing the news organisation, but also the four individual reporters. He also has lawsuits pending against investigative journalists in France and Israel, as well as against Twitter in Ireland,” the organisations said.

Due to the extremely expensive nature of mounting a legal defence in England and Wales, Forensic News is having to raise funds through an online crowdfunding campaign. The case is expected to go to trial before the end of 2022.

SIGNED:

Index on Censorship

Blueprint for Free Speech

The Campaign for Freedom of Information in Scotland (CFoIS)

Coalition For Women In Journalism (CFWIJ)

The Daphne Caruana Galizia Foundation

English PEN

European Centre for Press and Media Freedom (ECPMF)

IFEX

International Press Institute (IPI)

Justice for Journalists Foundation

Organized Crime and Corruption Reporting Project

Osservatorio Balcani Caucaso Transeuropa (OBCT)

PEN International

Reporters Without Borders (RSF)

Spotlight on Corruption

Index reiterates its support for Carole Cadwalladr as she faces SLAPP trial

The undersigned organisations reiterate their support for award-winning journalist and author, Carole Cadwalladr, who is facing a week-long defamation trial in London this week. Cadwalladr, who works for the Guardian Media Group in the UK, is being sued as an individual by millionaire businessman and political donor Arron Banks, best known for his role as co-founder of the 2016 Brexit campaign Leave.EU.

Banks originally filed four claims against Cadwalladr in July 2019, two of which he dropped in January 2020 after the judge found them to be “far-fetched and divorced from the specific context in which those words were used”. The remaining claims relate to Cadwalladr’s 2019 TED Talk, “Facebook’s Role in Brexit – and the Threat to Democracy” and a Twitter post linking to the TED Talk.

“When this lawsuit was filed more than two years ago, several organisations came together to call this legal action out as a strategic lawsuit against public participation (SLAPP), aimed at intimidating and silencing Cadwalladr. We today reaffirm this characterisation and unreservedly reiterate our support for Cadwalladr as she continues to defend her public interest work,” the organisations said.

SLAPPs abuse the law in order to intimidate and silence public watchdogs from speaking out on matters of public interest. Banks is pursuing legal action against Cadwalladr as an individual, rather than pursuing her media outlet in which the contested claims were originally made. Due to the expensive nature of the process in England, Cadwalladr has had to raise funds for her legal defence through crowdfunding. She has so far raised more than half a million pounds.

“We, once again, urge the UK government to consider measures, including legislative reforms, that would protect journalists and others working in the public interest from being subject to abusive legal actions intended to stifle public debate,” the organisations concluded. “Our democracy relies on the ability to hold power to account.”

Representatives from several of the undersigned organisations will be in attendance at the High Court this week to monitor proceedings. 

Signed:

Index on Censorship

ARTICLE 19 

Association of European Journalists

Campaign for Freedom of Information in Scotland (CFoIS)

Committee to Protect Journalists

English PEN

European Centre for Press and Media Freedom (ECPMF)

IFEX

International Press Institute (IPI)

Justice for Journalists Foundation

Mighty Earth

Organised Crime and Corruption Reporting Project (OCCRP)

PEN International

Reporters Without Borders (RSF)

Society of Journalists 

Spotlight on Corruption

The Daphne Caruana Galizia Foundation

Whistleblowing International Network

Lawsuits against the author and publisher of Putin’s People are SLAPPs

Writer Catherine Belton

The undersigned organisations express their serious concern at the legal proceedings that are being brought against journalist and author Catherine Belton and her publisher HarperCollins.

The two defamation lawsuits are being brought by Russian businessman Roman Abramovich and the Russian state energy company Rosneft in relation to Belton’s book, Putin’s People: How the KGB took back Russia and then took on the West, which was published in April 2020.

Abramovich’s complaint relates to 26 extracts in the book, including the suggestion that his purchase of Chelsea Football Club in 2003 was directed by Russian president, Vladimir Putin. Rosneft’s complaint relates to claims that they participated in the expropriation of Yukos Oil Company, which had been privately owned by businessman Mikhail Khodorkovsky. Both claims were filed in March 2021.

“We believe that the lawsuits against Belton and HarperCollins amount to strategic lawsuits against public participation (SLAPPs),” the organisations said, referring to a form of legal harassment used by wealthy and powerful entities to silence journalists and other public watchdogs. 

“SLAPPs are used to drain their targets of as much time, money, and energy as possible in order to bully them into silence. The individual may be sued personally and several lawsuits may be brought at the same time, including in different jurisdictions,” the organisations said. “These are hallmarks of SLAPPs, and they’re consistent with what Belton and HarperCollins have faced.”

Five separate claims were initially filed against Belton and HarperCollins, but three have since been resolved without the need for costs or damages being awarded to the claimants. In June 2021, Abramovich filed an additional lawsuit against HarperCollins in Australia in relation to Belton’s book.

“We, once again, urge the UK government to consider measures, including legislative reforms, that would protect public watchdogs from being subject to burdensome, lengthy, and financially draining legal actions, which can stifle public debate,” the organisations concluded. “Our democracy relies on their ability to hold power to account.”

SIGNED:

ARTICLE 19

Association of European Journalists (AEJ)

AEJ Polish Section

Blueprint for Free Speech

Campaign for Freedom of Information in Scotland (CFoIS)

Citizen Network Watchdog Poland

Cyrus R. Vance Center for International Justice

English PEN 

European Centre for Press and Media Freedom (ECPMF)

Index on Censorship

IFEX

Justice for Journalists Foundation

National Union of Journalists (NUJ)

OBC Transeuropa (OBCT)

PEN International

Reporters Without Borders (RSF)

Society of Journalists, Warsaw

Spotlight on Corruption

The Daphne Caruana Galizia Foundation