On 28 February, the Scottish Government announced a public consultation on SLAPPs to “ensure that our legal system cannot be abused to stifle legitimate expression.” This is, in large part, the result of ongoing advocacy and campaigning by the Scottish Anti-SLAPP Working Group
The public consultation came about as a result of a petition lodged to the Scottish Parliament by former SNP MP, Roger Mullin in September 2022. Following written evidence and an oral evidence session in April 2024, the Scottish Minister for Victims and Community Safety confirmed that the Scottish Government would bring forward a consultation on SLAPPs.
The Scottish Anti-SLAPP Summit, hosted in Glasgow by Index on Censorship with support from the University of Glasgow Law School and the Justice For Journalists Foundation, also helped to inform the Scottish Government’s approach to SLAPPs. The Summit brought together academics, lawyers, journalists, campaigners and SLAPP targets to explore what Scotland must do to protect free speech from legal bullies abusing Scottish courts to silence scrutiny or public accountability.
While Scotland may not have the legacy of SLAPPs that England does, it is not immune. The Scottish Anti-SLAPP Working Group has identified threats and actions that bear the hallmarks of SLAPPs aimed at journalists, bloggers, authors, academics, community facebook group moderators and those supporting victims of cryptocurrency scams. Scots Law does not have meaningful protections in place to prevent SLAPPs from exhausting the financial resources and undermining the wellbeing of those speaking out in the public interest. That is why a consultation is a vital first step towards looking at how SLAPPs can be discarded at an early stage and those targeted can be protected.
The consultation includes a model anti-SLAPP Law developed by the Anti-SLAPP Research Hub at the University of Aberdeen, which was informed by best practice from Europe and North America. The model law was drafted with input from experts from the Scottish Anti-SLAPP Working Group, UK Anti-SLAPP Coalition and the Coalition Against SLAPPs in Europe (CASE).
“That the Scottish Government has announced this public consultation demonstrates the importance that every UK jurisdiction takes the necessary steps to protect our legal systems from abuse. We hope this is the first step towards the establishment of a Scottish Anti-SLAPP Law that will protect everyone in Scotland, while demonstrating to England, Wales and Northern Ireland how we can protect free expression across the entire UK.”
Nik Williams, Convener of the Scottish Anti-SLAPP Working Group.
The consultation closes on 23 May 2025 and we would like to recommend as many people or organisations as possible to take part to show the Scottish Government that this is an issue of significant importance. If you have any questions or would like to join the Scottish Anti-SLAPP Working Group, please contact the UK Anti-SLAPP Coalition co-chair, Nik Williams, who convenes the Working Group on nik@indexoncensorship.org