By Annamaria De Felice & Laura Nairn
Yesterday the Scottish Women’s Rights Centre (SWRC) took part in a roundtable discussion at the Scottish Parliament, organised by Index on Censorship, to help shape the future of anti-SLAPP protections in Scotland.
Our organisation has been a member of the Scottish Anti-SLAPP Working Group, and we are proud to support efforts to ensure that Scotland’s legal system cannot be abused to silence public interest expression or intimidate victims/survivors into silence.
Our solicitor Laura Nairn speaking about how SLAPPs can be used as a form of continued abuse, explains:
“Perpetrators may claim the accusation of abuse is defamatory and threaten to sue their victim to keep them quiet, or seek a retraction or apology. This is happening to some of the most vulnerable people in society — victims/survivors who have experienced abuse, been controlled, gaslighted and threatened throughout the relationship. The perpetrator then continues this abuse and attempts to exercise control through threats of abusive litigation. Threats of abusive litigation further isolate victims/survivors, undermining their credibility and making it harder for them to obtain the support and protection they need.”
SLAPPs have often been associated with powerful individuals silencing journalists or activists. Across Scotland we are seeing the same tactics used against victims/survivors, and even family members of the survivors.
“Victims/survivors – highlights our solicitor Laura – have to choose between being silenced or the risks of uncertainty, re-traumatisation and the unknown financial costs of defending any action. There is a need for increased awareness of abusive litigation and the extensive impact it has on victims/survivors.”
The SWRC is formally contributing to the Scottish Government’s public consultation on SLAPPs, which is now open until 23 May 2025.
We think that the current consultation represents a crucial opportunity for Scotland to lead by example and build legal protections that are trauma-informed, survivor-conscious, and resilient against misuse.
