A newly published report, which follows a consultation on SLAPPS, confirmed the government’s agreement that “the law should be reformed to address SLAPPs” and that it planned to do so at the next legislative opportunity.

Nik Williams, Scottish Anti-SLAPP Working Group convener, said: “Those who are protected from abusive legal threats are better able to speak out and inform others, leading everyone in Scotland to be better aware of the world around them. To protect against SLAPPs is to protect democracy. 

“This report, as well as the combined responses, sends a strong and united signal that SLAPPs are a problem in Scotland, that Scot’s Law does not currently protect us and that reform is needed. Only with a universal and accessible anti-SLAPP law will everyone be free to speak out and we hope the Scottish government will respond with the urgency the issue requires.”

Ahsan Mustafa, lawyer at Aberdein Considine LLP, who gave evidence at the Scottish Parliament in relation to reforming the law in relation to SLAPPs earlier this year, added: “The consultation highlights a growing recognition that SLAPPs can arise in practice and that the current legal framework does not always provide early or efficient mechanisms for addressing them. From a practitioner’s perspective, clarity and predictability are essential.

“Introducing a statutory structure would help ensure that the courts have clear criteria for identifying abusive proceedings at an early stage, while giving parties a better understanding of where the boundaries lie. The Scottish government’s intention to consider reform at the next legislative opportunity is therefore a constructive development, and it will be interesting to see the detail of any future proposals.”