The Scottish Anti-SLAPP Summit

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A guest article and update from our Legal Eagle Ewan Kennedy. Ewan lives in Argyll and is a regular correspondent on Yours for Scotland.

The Scottish Anti-SLAPP Summit

I’m just back from one of the most exciting and at times emotional events I’ve been to for years, which took place on Monday in Glasgow University’s excellent Advanced Research Centre. The building is a reminder of the transience of our modern world; when I first arrived at university the site had a row of fine Victorian tenements, later demolished to form an extension to the Western Infirmary, which has now been flattened to create a campus with facilities that none of us oldies could ever have dreamt of.

Anyone who still doesn’t know what a SLAPP is should get reading; the news is spreading rapidly and you’ll find lots of articles online, not least by me on this blog. And, if you have a spare twenty five minutes, you could always listen to our worthy blogmaster discussing the issue with myself and the aquatic Scouser! 

Put most simply, SLAPPs are mechanisms whereby ultra rich corporations and individuals use the law courts of the world, but more importantly the legal professions, to block criticism. 

This second aspect is the main thing I took away from the event; for every actual court case brought against a journalist, or an activist, there’s a much larger number of legal threats by law firms specialising in all types of intimidation. The most harrowing session was listening to Jen McAdam, whose family had been duped into investing their total assets in a massive American crypto-currency scheme called OneCoin. When she, an entirely decent ordinary citizen, publicised what had been done to her, she received letters from Carter Ruck, a London based law firm, in terms that were savagely brutal, threatening her with the direst consequences. In the opinion of some participants, what they did was close to an assault by letter.

During the day there were plenty of other instances of the cross border nature of SLAPPs. Among about seventy people in attendance in person were some who had travelled great distances, and it was inspiring to listen to their experiences. We heard from Paul Radu, whose organisation has exposed numerous gigantic financial scams, including one in Azerbaijan. This resulted in him being in the London courts for several years, despite being a Romanian, resident in Mexico at the time. See here: 

https://www.occrp.org/en/40-press-releases/presss-releases/11496-occrp-related-lawsuit-settled

Paul spoke of having currently dozens of SLAPP lawsuits against him and his organisation. He’s a brave man.

At present London is the major international centre, with a nest of evil, rapacious legal wasps, specialising in “reputation management”. While the regulator of English lawyers, the Solicitors Regulation Authority, is getting worried about some of its members, the Scottish Law Society has not so far demonstrated any serious concern. Also, the Westminster government has already passed legislation regarding certain financial SLAPPs and is now supporting the private members bill brought by Bob Seely, MP.

Europe is also well ahead of the game on SLAPPs. The Commission has draft legislation in hand for uniform cross Europe measures to deal with them. Another Brexit benefit not.

Where all this leaves Scotland was the main subject of the day. To date there have been only five Scottish cases registered with the CASE Europe Anti SLAPP organisation, which takes great care with a monitoring process to ensure that the classic tests of inequality of financial power and public interest are met, but this has to be just the tip of the iceberg. We have absolutely no way of knowing, for example, how many of the thousands of those curious legal entities, the “Scottish Limited Partnership” have been instructing legal rottweilers to keep their activities under the radar. David Leask spoke about them. 

Again, for those who don’t know what they are, SLPs are essentially legal shields, often registered in anonymous addresses on housing estates, or in ruined building sites, behind which hide moneyed people from far off lands. When I was a student, and that Victorian row was still standing, our professor assured us that they were a legislative oversight that had never been used and we’d never need to know about. Never underestimate the denizens of Charlotte Square! It’s beyond any doubt that Scotland is a welcome haven for foreign oligarchs with money and worse to hide. Indeed a good bit of Charlotte Square already belongs to them.

Several Scottish law firms are already offering the new specialism of reputation management; I won’t name them here, in case I get SLAPPed. Despite this, the Law Society of Scotland has shown very little interest, and has not seen the need, for example, to tell solicitors that if they make factual claims that they haven’t personally checked out, they should hedge them with words such as “our client assures us that”.

Against this background, Aberdeen University has established the Anti-SLAPP Research Hub, run by Dr Francesca Farrington and her colleagues, and one individual, the former MP Roger Mullin, has presented a petition to the Scottish Parliament. Roger told the session that to date it has so far received quite a favourable reception from the Public Petitions Committee. 

I came away more convinced than ever that we need action in Scotland, and soon. There are indeed technical issues to be worked out, but perhaps the only advantage of being late to the game is that others have already put a lot of work into the details of solutions. In the meantime it’s important to spread the word about. Throughout the day it was stressed that nothing other than our precious freedoms are at stake, if we allow journalists and activists to be silenced. In this regard it was encouraging that the BBC were well represented in Rosalind McInnes, Mark Daly and their (almost) inhouse KC, Christine O’Neill, present. Channel Four and the Guardian attended, but I didn’t spot anyone from the Herald, the Scotsman or the National, although they may have been watching online.

MY COMMENTS

Once again I am indebted to Ewan for keeping us in touch with the political and legal developments on this vital issue. We must not allow this type of intimidation and bullying to make progress here in Scotland. I take my hat off and very much admire those that are prepared to fight for our freedom of speech rights. Make no mistake the pressures being exercised by these huge corporations are designed to restrict any scrutiny of their activities. Activities that can adversely affect the wellbeing of communities within Scotland. Access to justice for all, not just the rich, is the cornerstone of a free country.

I am, as always

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16 thoughts on “The Scottish Anti-SLAPP Summit”

  1. (Something I was involved with) … and which also addresses the power of legal intimidation that can be exerted by major corporations … but in this case an example of success, and a success that is very important, indeed crucial, for Scotland.

    From only a few days ago – but not widely reported?

    The Energy Charter Treaty is an investment agreement between 50 countries which allows companies to use a system of secret courts where they can sue governments over policies that would affect their future profits.

    Fossil fuel companies have used the ECT, the most litigated investment treaty in the world, to sue governments for billions over climate policies. Recently, EU, Germany and Denmark were sued under the treaty by an oil firm over a windfall tax they alleged harmed their profits.

    The UK will join eleven countries including Germany, France and Denmark who chose to exit the treaty, who cited risks to their climate commitments. This comes as more countries are expected to leave as the European Union plans its exit.

    The treaty is protected by a 20-year sunset clause, meaning that normally even upon exit, projects in member states would be liable for litigation for 20 years. However, leaving the ECT in coordination with other exiting parties can neutralise this, campaigners and experts have said.

    Liz Murray, head of Scottish campaigns at Global Justice Now said:

    “Today’s announcement that the UK will leave the climate-wrecking Energy Charter Treaty is a huge win for the climate in Scotland and beyond – and testament to the tireless work of campaigners across the country placing pressure on politicians day after day. Now that the Scottish Government is free from the fear of being sued by fossil fuel giants for essential climate action, they should seize the opportunity to push ahead with a just green transition to clean energy with truly ambitious policies.”

    (PS: An example of exiting a Treaty!)

    Liked by 1 person

    2. Aye Mike, it wid appear that for some, exitin’ a treaty is as easy as fa’in aff a dyke. Aw that is required noo then is a wee bit o’ coordination amang the natives!

      Liked by 2 people

  2. SLAPP style legal action by large corporates against individuals be they activists or journalists or bloggers is absolutely chilling.

    Ewen has covered the case of activist Don Staniford who was interdicted and restrained from making any comment about environmental concerns about the fish Farming industry. He was also restrained from even or accessing the waters near fish farms. Breach the interdict and one goes straight to jail, no background reports, just straight to jail.

    Now if that doesn’t sound frightening and a tool to restrict and silence individuals, just think extensively this type of legal behavior could be played out by big corporates.

    Concerns about a local chemical company, a mining and quarfying operation, a landfill contractor, or soon to be offshore food protein farms, the list is potentially enormous. Lawfare by the rich corporates against people is the game.

    But it’s happened before, people have gone to jail and in this regard I recall the incarceration of an individual who had been campaigning that an old dock at Greenock belonged to the people and not the developer who was wanting to build on the dock

    Dont re–call the detail but the campaigner who was a thorn in the side of the development plan was observed coming within what may have been an arbitrary half mile of the dock and he was jailed for breach of interdict.

    As a tool these legal strategies kill free speech, restrict free movement. Maybe they could also be used by politicians. In fact I have an example of that on the go just now. And it’s local.

    And so, can I just say thanks to Ewen for a very thought provoking article.

    The example of one man’s campaign being silenced because of his environmental concerns is but the thin edge of an ever thickening wedge of corporate Lawfare.

    Liked by 4 people

  3. And tthen we have the institutional Lawfare.

    The example of how the Police Scotland in combination with the Crown Office and the executive pursued Alex Salmond is straight out of the Lawfare instruction manual.

    And then of course they jailed Craig Murray and tried to have a go at Mark Hirst.

    Sraight out of Brig Gen Sir Frank Kitson’s books about using police, prosecution and the judiciary to take out individuals fighting to remove the shackles of colonial rule, this is just another example of how the law can be abused.

    Like rats in a trap would it be unreasonable to say that Fascism is here?

    Political prosecutions, corporate kickings, all part of our landscape and it will get worse.

    Liked by 4 people

    1. Ewan’s article reminded me of a few of the Principles within the Claim of Right Act 1689.

      The right of the people of Scotland to declare various acts of government unlawful including but not limited to:

      *any claim by government to an absolute power, or sovereignty, in Scotland

      * giving gifts or grants for the raising of money without parliamentary (or Convention) oversight (such as lucrative contracts to party donors)

      * imprisonment without charge or trial

      * granting personal protection (exemption) from civil debts (such as taxes)

      * interfering with/directing the legal process in order to attack political opponents

      * preventing protest or petition or criminalizing protestors or petitioners

      There are so many of the Principles that should apply today but do not. As the Scottish government is collaborating with Westminster to create their ‘Green Freeports’ in Scotland perhaps this Principle is relevant.

      * granting personal protection (exemption) from civil debts (such as taxes).

      The most important of all the Principles remains:

      *any claim by government to an absolute power, or sovereignty, in Scotland

      The right of the people of Scotland to overturn unjust rulings of the Supreme Court of Scotland (the Court of Session) and to declare the rulings unlawful. This also establishes that it is an unlawful misuse of the law and the Courts, by those in power, to employ the legal system and the Courts to punish political enemies:

      Of course, there are others that apply to what we are experiencing today that we need to incorporate into our updated Constitution for the restoration of our Right to Self-Determination and independence.

      However, the Claim of Right illustrates that there were some very clever and intuitive people around Scotland in 1689.

      Liked by 7 people

  4. Using the law to browbeat those with a different point of view. See one David Paisley who seems to go out of his way to make life hell for feminists by launching legal actions that is a sane world would be chased by prosecution services. He claimed to be in fear for his life and had a lady Marion Millar charged for posting a picture of a suffragette ribbon which he claimed looked like a hang man’s noose. He is busy going after Graham Linehan again and was taken to court by Joanna Cherry MP for his remarks. I can’t believe his wages as an actor are paying for his legal fees so suspect he is being funded. At least those he goes after seem to raise their legal fees by crowd funding so are able to fight back but in a sane society shouldn’t have to and go through years of stress.

    Liked by 3 people

  5. Yet another slapp in the face for Scottish people. I’m quite scared by all this but at least it’s coming into the light.

    May I also say about Clashindarroch, home of the Scottish Wild Cat Iain. I’ll try to post a link. Swedish company have been given permission by the nusnp/greens just to go ahead.

    It’s all sickening.

    Thanks for the post.

    And btw Scottish oats are bad for the indigenous population and are going to get an extra tax.

    Oats are a great food, even cited in combating depression/lack of vitamin D.

    Another bad day 😪

    Liked by 3 people

      1. Aye Iain, Stuart Campbell describes it as “The Final Betrayal” in his latest blog. Quite incredible that one of natures finest foods grown here in Scotland is being held up as potentially unhealthy.

        Where is Jim Fairlie Minister for Agriculture and Connectivity? Scottish Agriculture is under the cosh following the exit from Europe and we now have an overfed SNP Minister for Public Health inexplicably categorising in this fashion, home grown oats, probably the most wholesome cereal we could start our day with.

        Liked by 4 people

    1. I haven’t got a blog Iain. Was concerned about what was happening in Scotland. I’m a dog person myself and am allergic to cats.

      I was just joining in with the take over by another country. Small or large. Swedish are in control of that area.

      Spikey. I’m on your side and the side of Scottish independence. 

      Liked by 1 person

  8. The large global corporations that hide behind the law and the moneymen who run them are destroying the planet with their excessive greed and environmental vandalism. They, rather than the politicians, run policy in our countries. Again, this is another ‘benefit’ of Thatcherism. Where there is money, there is no lack of avenues and alleyways to meander through with a secret stash of dosh to place in off-shore accounts while robbing the population blind and destroying the environment. When Russia cleaned out its oligarchs, they came to the UK, to join our own and the American ones. No one should be in any doubt that, when money speaks, we will be told to shut up.

    Liked by 2 people

  9. Not sure what deep thinker thought having a go at porridge was a good idea and then for the clowns at Holyrood to go along with it shows an amazing lack or political nous and self awareness. From being branded a super food to being taxed as a health issue is quite a leap even for this bunch. I suppose the various governments in the East having a go at rice consumption would be a bigger own goal but it is on that level. Anyway enough is enough so the revolution starts here so two servings in the morning with added salt and sugar

    Liked by 3 people

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