Government poised to back Bill outlawing SLAPPs used to silence whistleblowers and journalists

Max Thompson

14 September 2026

Andy Burnham is set to back a Private Member's Bill, put forward by a senior Conservative MP and former Culture Secretary, to ban whistleblower gagging orders, known as SLAPPs.

Strategic Lawsuits Against Public Participation (SLAPPs) are aggressive legal claims which have been used by powerful individuals and corporations to intimidate and silence critics — namely journalists and whistleblowers. The Free Speech Union has long campaigned for legislation to end this sinister tool of censorship, which has been used to silence critical figures wishing to expose the secrets of powerful individuals or organisations in matters of public interest.

It was reported over the weekend in The Telegraph that the new Prime Minister, following calls from Labour MPs for more action to crack down on legal threats increasingly being used to target "ordinary citizens", is set to give Government backing to Sir John Whittingdale's Private Member's Bill.

SLAPPs achieve their aim by threatening defendants with the extortionate financial costs associated with fighting a legal case.

In 2023, a new law was passed under which courts could throw out SLAPPs through an early dismissal mechanism, or apply a costs protection regime, in a bid to prevent eye-watering legal bills.

This legislation, however, only relates to cases involving economic crime. Sir John's Bill, introduced earlier this summer, would extend these important protections to other types of litigation.

Alarmingly, just shy of a third of all SLAPP cases that appeared in court in 2023 were attempts to prevent the reporting of sexual misconduct allegations.

Despite promising to take action against SLAPPs when Labour won the 2024 General Election with a huge majority, Sir Keir Starmer failed to address the problem during his two years as Prime Minister.

Sarah Sackman, the Courts Minister, told MPs in the House of Commons that she was regularly in contact with Sir John Whittingdale over his Bill.

"We see that there can be a good way forward that gets the results that we need on the statute book, and that strikes a coherent balance between the right to access the courts — that must be maintained, so that people can protect their reputation and their right to privacy — and freedom of expression for journalists and individuals."

She added:

"Our conversations have been constructive. I am confident that we can get a carefully balanced and proportionate approach that the Government can support. The Government's position is clear — freedom of expression and investigative journalism must never be undermined by abusive litigation."

Ministers are also reported to be drawing up plans, on top of their expected support for Sir John's Bill, to strengthen the punishment faced by lawyers who helped deploy SLAPPs. Ms Sackman has said that the Government would "look again" at the enforcement powers of the Solicitors Regulation Authority.