On 13 November, the Scottish Government published its report following the public consultation on SLAPPs announced earlier this year.
Bringing together analysis of the public responses from civil society, lawyers, campaigners and other bodies, the report stated that the majority view expressed by respondents is that:
- SLAPPs exist and are being used to stifle legitimate freedom of expression;
- SLAPPs need to be tackled, mainly through reform of the law; and
- that reform should resemble the Model Law consulted on.
Crucially, the report includes an agreement from the Scottish Government: “that the law should be reformed to address SLAPPs and would intend to do so at the next legislative opportunity.”
Here is a statement from the Scottish Anti-SLAPP Working Group in response to the report and what it means for the anti-SLAPP movement in Scotland:
The Scottish Anti-SLAPP Working Group welcomes the acknowledgement by the Scottish Government that Scots Law “should be reformed to address SLAPPs”. The fact that it was nearly universally supported by the respondents to the consultation sends a clear and unmistakable signal that Scotland can – and should – do more to establish statutory protections against Strategic Lawsuits Against Public Participation, or SLAPPs.
Published on 13 November, the consultation report included an agreement from the Scottish Government: “that the law should be reformed to address SLAPPs and would intend to do so at the next legislative opportunity.”
A number of conclusions made by the Scottish Government, based on the 27 consultation responses, also reinforce the need for progress. There was “strong support among respondents for anti-SLAPP legislation to be introduced in Scotland” and that “existing provisions in Scots law are considered by a majority of respondents to be insufficient to address the issues manifested by SLAPPs.”
As is seen in other jurisdictions across the globe, the inherent legal risk at the heart of SLAPPs intimidates most people into silence. This not only further isolates the target from support, it hinders the collection of data by civil society and policy-makers. In this manner, the Working Group agrees with the consultation response that labelled SLAPPs as “‘invisible’ rather than ‘absent’”. However, the eight cases that bear the hallmarks of SLAPPs included in the Working Group’s submission to the consultation demonstrates the need for robust and effective action in a manner that can protect all those who have been threatened into silence and everyone who speaks out in the future.
The Working Group is also heartened by the response to the model law drafted by the University of Aberdeen Anti-SLAPP Research Hub, with input from Working Group members. The majority of respondents “were content that overall the Model Law gave adequate expression to the EU Directive and Council of Europe recommendations, while still taking account of the specific character of Scots Law.” This demonstrates that an effective, simple and accessible anti-SLAPP law should not be seen as alien to the existing legal framework. Instead it can be drafted and implemented in a manner that responds to both domestic and international standards, while offering robust protections to free expression and public participation.
Whether progress on this issue can be made ahead of the Scottish Elections in May 2026, we call on the Scottish Government to make the most of this opportunity and build on this consensus. For every political party contesting the election next year, we also call for them to commit to stamping out SLAPPs, through an anti-SLAPP Law, in their manifestos to send a signal that the right to speak out is universal and more important than party political differences.
Nik Williams, Scottish Anti-SLAPP Working Group convener:
“Those who are protected from abusive legal threats are better able to speak out and inform others, leading everyone in Scotland to be better aware of the world around them. To protect against SLAPPs is to protect democracy. This report, as well as the combined responses, sends a strong and united signal that SLAPPs are a problem in Scotland, that Scot’s Law does not currently protect us and that reform is needed. Only with a universal and accessible anti-SLAPP law will everyone be free to speak out and we hope the Scottish Government will respond with the urgency the issue requires.”