Excessive legal threats used to silence those who tried to expose the Post Office Horizon scandal and allegations against Mohamed Al Fayed should be outlawed, a cross-party group of MPs have said.
MPs raised a series of cases, documented by the Bureau of Investigative Journalism, where media outlets and whistleblowers have been prevented from publishing material that they believed was in the public interest.
Under the last government, the House of Commons came close to bringing in legislation banning strategic lawsuits against public participation, known as Slapps.
But Heidi Alexander, a justice minister, said on Thursday the government “do not currently intend to legislate this parliamentary session” against abusive legal threats.
She said Slapps “represent an abuse of our legal system” that have a “profound psychological impact” but argued they are a “complex area and we should not legislate in haste”.
Despite the government’s refusal to commit to legislation, MPs supported the Labour MP Lloyd Hatton’s non-binding Commons motion, which called on ministers to introduce “comprehensive anti-Slapp legislation that provides swift dismissal of such cases, protects those targeted from prohibitive legal costs, and ensures that Slapp filers face significant financial deterrents”.
Others, including the former Conservative culture secretary John Whittingdale, supported his call for stronger action against Slapps. He said it had been “appalling” that the Kremlin-backed Wagner group leader was allowed to bring defamation proceedings against the Bellingcat founder Eliot Higgins while he faced UK government sanctions.
Andy Slaughter, a Labour MP, said Slapps were “typically brought by people of unlimited resources to deter publication … they are used to protect people like Mohamed Al Fayed wilfully and knowingly using the court system to hide their misdeeds”.
Julian Lewis, a Conservative MP, said journalists and experts were sent letters by the Post Office that tried to frustrate their exposure of the Horizon scandal in which post office operators were wrongly convicted.
“Experts interviewed by the BBC were sent intimidating letters by Post Office lawyers about their participation in the programme,” Lewis said, which delayed a broadcast by some weeks.
“It has now emerged that the Post Office took multiple aggressive actions to shut down the story about its failures over prosecutions that were sparked by the faulty Horizon software,” he said.
Lewis added: “The Post Office now sings a welcome different tune. It says that the organisation is committed to supporting the ongoing public inquiry and that it is fair and right for the Post Office to be held to account by journalists.”
Max Wilkinson, a Liberal Democrat MP, raised the case of a media outlet, Inside Housing, which found apparent examples of leaking sewage and damp problems at a London office conversion that was housing asylum seekers and homeless people.
“This clear case of public interest should have involved the naming of the landlord and the building. That would have enabled power to be held power to account. But when the journalist gave the landlord a right of reply, they received a letter from solicitors threatening legal action.”
Inside Housing did not name the landlord in the case, saying the time and money involved in any legal action could not be borne.
Siân Berry, a Green MP, also raised the case of a resident called Ben Jenkins who attempted to highlight problems with the quality of housing provided by GreenSquareAccord, and ran a website urging other residents to report their issues through him.
Berry said it had been “very much in the public interest for Ben to be speaking out against these issues” although no one would say he did not send a lot of communications and publish negative information about his housing provider.
She said Jenkins had been accused by Green Square Accord’s lawyers of harassment, copyright infringement and putting himself forward to complain on behalf of others, and that the company had asked Jenkins to sign undertakings to avoid legal action, which he did.
A spokesperson for GreenSquareAccord said: “The action we have taken has been done so responsibly, legitimately and in response to the very serious impact the sustained, vexatious and inappropriate behaviour and actions of Mr Jenkins has hadon our organisation and the wellbeing of many of our colleagues.”
Apsana Begum, an independent MP, highlighted an investigation by freelance journalist Tom Latchem into “a foster care home run by reality TV star Ampika Pickston, who is the fiancee of billionaire owner of West Ham, David Sullivan”.
“Mr Latchem published a story with the outlet Byline Times about the home having its licence suspended by Ofsted due to reported serious safeguarding failings,” she said.
“I understand, however, that he believes he’s been prevented from further reporting on the care home.” She said that Latchem was sent a letter by lawyers warning that if he published anything defamatory or libellous, they would advise their client to sue.
She added: “I am told that Ms Pickston’s lawyers said their communications with the journalist were courteous and cordial and did not prevent him from any reporting.
“Nevertheless, it’ll be surely understandable to the House that he feels he cannot afford to face down someone with such resources, just as it is obvious who loses out if accountability and transparency regarding the treatment of children in care homes is thwarted.”
