Powerful individuals and businesses are normally those accused of using so-called strategic lawsuits against public participation (SLAPPs) to avoid scrutiny.

However, campaigners said journalists, trustees and whistleblowers in Scotland’s voluntary sector have been met with threats of legal action after raising questions about governance or safeguarding.

Roger Mullin, the former SNP MP who petitioned the Scottish Parliament on SLAPPs in September 2022, has welcomed the Scottish government’s commitment to bringing forward anti-SLAPP legislation.

“I have been enormously encouraged by the continuing dialogue I am having with the ministerial team drafting the consultation,” he told Scottish Legal News.

“I know that the minister shares my concern to protect legitimate free speech and ensure the public’s right to know is given the protection it deserves in a democratic society.”

Dr Francesca Farrington, a lecturer in University of Liverpool’s School of Law and Social Science, said the alleged conduct of charities has strengthened the case for reform.

“Reports that journalists investigating financial irregularities in the charity sector have been threatened with legal action are particularly concerning and warrant further scrutiny,” said Dr Farrington, a former convenor of the Anti-SLAPP Research Hub at the University of Aberdeen.

“These reports highlight the important public watchdog function that journalists serve and illustrate the ongoing need to support responsible reporting on public interest matters.

“The introduction of an anti-SLAPP law is one important measure to protect public interest journalism and should be supported by complementary legal and non-legal interventions to further bolster freedom of expression in Scotland.”

Ahsan Mustafa, a banking litigation lawyer at Aberdein Considine LLP who gave evidence at the Scottish Parliament on reforming the law in relation to SLAPPs, said: “The potential application of SLAPPs within the charitable sector presents a material risk to good governance and the effective regulation of charities.

“Where legal mechanisms are utilised by trustees or senior officers to deter scrutiny or investigative reporting, this constitutes a misuse of process that is inconsistent with the principles of transparency, accountability, and public confidence underpinning charity law in Scotland.

“The introduction of targeted anti-SLAPP legislation would provide an essential safeguard within the Scottish legal system, ensuring that legitimate public interest journalism, regulatory oversight, and whistleblowing activities are not impeded by disproportionate or vexatious litigation.

“Such a framework would reinforce the rule of law by balancing the right to protect reputation with the wider public interest in open and accountable governance.”