The UK reconsiders its super-rich friendly libel laws
WHAT IS THE IMPACT OF SLAPPS?
If you’d like to know what it sounds like when an entire journalistic culture internalizes the censorship created by the risk of being sued by rich and litigious oligarchs, check out this appearance by Coda Story co-founder Natalia Antelava on BBC Radio. Leaving aside the odd framing – “Why are Russian oligarchs only now in the press spotlight?” – which is only true if you ignore tireless efforts by many journalists to report on the doings of oligarchs when doing so was both risky and unfashionable, the program itself is extraordinary.
The host repeatedly jumps in to steer conversation away from potentially risky areas, and that is only the half of it, because the recorded version lacks material that went out live.
- There are things you won't see in the replay above as they have been cut out in repeat broadcast,” Antelava tweeted. “Libel risks are real but pretending to have a real conversation about oligarchs is worse than having none. It legitimizes kleptocracy.”
Right now, the threat of being sued (or, more accurately, the threat of having to pay the costs of lawyers so as to protect yourself from the risk of being sued) effectively muzzles the press both in Britain, and in many other countries where the press can be cowed by aggressive U.K.-based lawyers. Journalists don’t do research because of this threat, editors don’t commission articles because of it, and lawyers advise against publication because of it. The lack of public information resulting from this ingrained self-censorship then impedes law enforcement and private firms in their own investigations, which in turn deprives journalists of the material they need to write articles. In short, British libel law helps oligarchs get away with their schemes undetected.
Fortunately, at long last, British politicians appear to be taking the threat to free speech caused by the country’s stringent defamation laws seriously. The government has asked for people with views to contribute to a consultation, and officials are canvassing the views of journalists and lawyers to see how they might change the rules to make them less prone to being abused.