Journalists in Northern Ireland are especially vulnerable to being targeted with so-called SLAPPs (Strategic lawsuit against public participation) due to gaps in regional legislation, according to a press freedom campaigner.
Nick Williams, policy and campaigns officer with Index on Censorship, said that while there had been progress in blocking the use of SLAPPS in England and Wales, there had been no headway in the north, primarily due to the absence of devolution.
The non-for-profit group campaigns for and defends free expression worldwide, publishing work by censored writers and artists.
It has been campaigning on both sides of the border to outlaw the use of SLAPPs and refers to legal cases mounted by powerful organisations or individuals designed to silence criticism.
In Monday’s dismissal of the libel action taken by Sinn Féin’s Gerry Kelly against journalist Malachi O’Doherty, the judge concluded that “on the balance of probabilities” the proceedings bore the “hallmarks of a SLAPP” and were initiated “for the purpose of stifling the voices of his troublesome critics”.
The Department of Finance is currently conducting a review of the north’s defamation legislation, including the use of SLAPPs.
However, Mr Williams said that until the law was modified, journalists remained vulnerable.
“Without there being any anti-SLAPP provision, they’re vulnerable to time-intensive, resource-intensive defences of their reporting from legal abuse and legal harassment,” he said.
“It’s very positive that Malachi’s case was struck out but that’s a rarity and it’s not a sufficient standard that you can trust and depend on to defend your public interest reporting.”
Mr Williams said journalists needed early dismissal mechanism protections to ensure that costs remain as low as possible, as well as high enough costs for those deploying SLAPPs to ensure they and others are disincentivised.