The Government has signalled its support for efforts to introduce broader protections against strategic lawsuits against public participation (SLAPPs).
Earlier this year, we discussed here separate Private Members’ Bills introduced in both the House of Commons and House of Lords which seek to strengthen the existing anti-SLAPP provisions in the Economic Crime and Corporate Transparency Act 2023 (ECCTA).
As we have discussed on previous occasions, whilst the provisions in ECCTA – which came into force last year and introduced a statutory definition of a SLAPP – have been broadly welcomed, critics argue that they are too narrow because they apply only to economic crime. Therefore, calls continue to be made for the introduction of a so-called ‘universal’ anti-SLAPP law.
The Private Members’ Bill introduced to the House of Lords has now been published, and it contains familiar features to those of similar Bills that have been introduced but, as yet, failed to find their way onto the statute book, including (i) a procedure for a defendant to apply for early determination that a claim is a SLAPP, and (ii) an award of costs on an indemnity basis if the application is successful.
The Public Member’s Bill introduced to the House of Commons has not yet been published. However, during a recent debate on SLAPPs, its sponsor, Sir John Whittingdale, said that he wanted to build on previous parliamentary efforts to introduce broader protections and prevent the “suppressing information that is clearly in the public interest”.
Sir John also acknowledged concerns that previous attempts to introduce universal anti-SLAPP legislation, including the Bill introduced by Wayne David before the last general election (discussed here), had been undermined by overly complicated and lengthy definitions. He therefore indicated that he intended to work with the Government to simplify the test for identifying a SLAPP and develop an effective mechanism for dismissing such claims at an early stage.
Responding to the debate, the Minister for Courts and Legal Services, Sarah Sackman, stated that “the calls that we have heard tonight from across the House for universal anti-SLAPP legislation are calls that the Government welcome”.
She also indicated that the Government would work with the sponsors of the Private Members’ Bills to develop broader protections, explaining that, “we need a wider definition of SLAPPs that goes beyond economic crime and adopts an objective test of what is reasonable behaviour in the conduct of litigation. We recognise as a Government that the test needs to be simplified, so that we can deploy that early dismissal mechanism—that cost protection in the 2023 Act framework—in a more refined and effective way. I and the Government find an objective test attractive. A better definition of harassment, alarm or distress is needed, and we will look to work on that with those who bring forward the Private Members’ Bills”.
The Strategic Litigation Against Public Participation Bill receives its Second Reading in the House of Commons on 27 November 2026. To read the recent debate on SLAPPs, click here.