By Annamaria De Felice
What Are SLAPPs?
Strategic Lawsuits Against Public Participation (SLAPPs) are legal actions used to silence people. These lawsuits are often without merit and aim to intimidate and exhaust people financially until they stop speaking out or opposing something. SLAPPs can be used by powerful individuals or organisations to threaten and shut down public discussion on important issues.
SLAPPs and abusive relationships
For women who have experienced gender-based violence or abuse, SLAPPs can be particularly harmful. Abusive partners may use the threat of suing them for defamation to scare victims into silence, preventing them from seeking help or talking about their experiences. This misuse of the legal system makes it harder for victims to escape their abusers, as they fear the legal and financial consequences of their abuser’s threats.
Abusers might claim that any accusation of abuse is defamatory and threaten to sue to keep their victims quiet. This tactic not only isolates victims but also threatens to undermine their credibility, making it more difficult for them to get the support and protection they need. The fear of a lengthy and costly legal battle can leave victims feeling trapped.
At JustRight Scotland, our Scottish Women’s Rights Centre (SWRC) has produced important resources for women facing both domestic abuse and legal threats.
Case Study: Nina Cresswell
Nina Cresswell’s case highlights how SLAPPs can be used to silence abuse victims.
In 2010, Cresswell was sexually assaulted by tattoo artist Billy Hay. After reporting the assault to the police, she shared her story online to warn others. This led to legal threats from Hay’s lawyers, who claimed defamation – and ultimately, they followed through by suing her for it.
In February 2023, Cresswell’s case went to court. Despite Hay’s initial denials, he later admitted to leaving the club with Cresswell and trying to kiss her. This admission helped Cresswell’s defense. On April 26, 2023, the High Court ruled in Cresswell’s favor, recognising her statements as true and in the public interest.
This ruling was a significant victory for victims of sexual abuse, showing that truth and public interest can overcome SLAPPs.
What the SWRC is planning in Scotland
The SWRC has recently organised a roundtable in partnership with UK Anti-SLAPP Coalition, inviting other community groups and organisations across the UK and Scotland – including The Gemini Project – to participate.
Index on Censorship led the conversation, providing information and key-updates on the latest news regarding the Anti-SLAPP Bill being discarded before the general election, and providing details about the current situation in Scotland, as there is currently no legislative work to address SLAPPs.
In 2022, former SNP MP, Roger Mullin submitted a parliamentary petition to bring forward a Scottish Anti-SLAPP Law. This has been scrutinised by the Citizen Participation and Public Petitions Committee through both written and oral evidence sessions. The Scottish Government announced a forthcoming consultation on SLAPPs in Scotland, expected this Autumn/Winter.
SLAPPs misuse the legal system to silence people who speak out on important issues. For women who have experienced abuse or violence, the threat of being sued for defamation can be a severe form of control. Organisations like the Scottish Women’s Rights Centre are vital in offering support and resources to help these women navigate legal challenges and reclaim their lives. By addressing SLAPPs and economic abuse, we can work towards a legal system that truly supports and protects survivors.
Going forward the SWRC will be producing resources around SLAPPs to inform the public and raising awareness of this abusive litigation.
How to access our service
The SWRC provides the following services:
- Legal advice and representation: free legal help to women dealing with domestic abuse, including those facing SLAPPs. Our Centre is only able to take on a limited number of cases each year. We prioritise cases that will have a positive impact on access to justice for all women affected by gender-based violence. We also focus on cases where there are barriers within the system that prevent women from accessing justice.
- Initial advice and information through our weekly helplines and legal surgeries.
- Emotional and practical support: Beyond legal assistance, the SWRC helps women with accessing safety planning and emergency services and support.
- Advocacy and awareness: The SWRC works to change policies and raise awareness about issues like SLAPPs and economic abuse.
- Advocacy service – our advocacy workers offer information, support, and non-legal advice and representation to advocate for your rights and make sure your voice is heard.
