Scotland’s First Minister, John Swinney, has recently been arguing that Scotland faces a “national emergency” due to rising rates of violence against women and girls. I completely agree with him.
This may seem a surprising opening for an essay about Strategic Lawsuits Against Public Participation (SLAPPs). After all, SLAPPs are mostly associated with Oligarchs, the mega rich and powerful corporation who act against the public interest and proceed to raise expensive legal action against Investigative journalists, community activists, academics and others to prevent them exposing the activities of the corrupt. These are important matters of course, more of which later. But let us turn our attention to vulnerable women.
Last year the Scottish government held a particularly well constructed consultation into SLAPPs and the need for legislative action[i]. Responses to the consultation[ii] included examples of where SLAPPs were being used to silence women from speaking about their abusers. Here, for example is what the Scottish Women’s Rights Centre argued in its submission:
“Perpetrators of abuse often use the civil and criminal justice systems to continue to perpetrate their abuse……..For women who have experienced GBV (Gender Based Violence) or abuse, SLAPPs can be particularly harmful. Perpetrators may use the threat of suing a victim/survivor for defamation or other forms of civil litigation (for e.g. personal injury actions), to scare victims/survivors into silence, preventing them from seeking help or talking about their experiences. This misuse of the legal system makes it harder for victims to escape their abusers, as they fear the legal and financial consequences of their abuser’s threats.”
The Scottish Anti-SLAPP Working Group cited a specific case in its submission. It involved a female Scottish doctor who was being harassed by a former acquaintance. The submission explains (not using actual names):
“One night, at a mutual friend’s party, Greg sexually assaulted Anne. Anne immediately reported the incident to the police but due to insufficient evidence the case was dropped. Greg continued to harass Anne online through fake accounts and withheld numbers. Greg sent a letter to Anne through his solicitor, threatening her with civil legal action if she did not admit that she had made up the allegations and apologise. Feeling pressured, Anne believed she had no choice but to agree to the terms set by Greg’s solicitors.”
SLAPPs are therefore being used in Scotland to silence victims of abuse. Indeed I am aware of a current example of someone who has been silenced by threats from one of her abusers should she speak about the sexual abuse she has suffered.
Given the Scottish Government is aware of such submissions (and others) and given it produced a compelling summary of evidence which led to a commitment to act and legislate, it has proven somewhat disappointing to see no mention of anti-SLAPP legislation in its recent Programme for Government. It seems strange not to recognise the need for such legislation at a time of “national emergency”. Women deserve to be heard, not to be silenced by abusers.
More widely, there is increasing international attention being paid to SLAPPs. For example, the United Nations as recently as 14 September 2026 published a ‘Briefer on Strategic Lawsuits Against Public Participation (SLAPPs)’[iii]. It pointed to a growing use of SLAPPs and that,
“Most often, SLAPPs target activists, journalists, environmental campaigners, human rights defenders, academics, and non-governmental and media organizations.”
I doubt if there is any mainstream newspaper and media outlet in Scotland that has not been silenced by the use of SLAPPs. SLAPPs represent a frontal attack on the public’s right to know by obliterating public commentary. Submissions to the Scottish Government’s consultation gave examples of how environmental campaigners, academics and community activists in Scotland are the victims of SLAPPs.
It is not all doom and gloom, however. Aberdeen University’s Anti-SLAPP Research Hub has produced a Model Law which was included in the government’s consultation. It received strong support in the consultation and could be a basis for government legislation. If the government chooses to act, specialist help is at hand.
Furthermore, this is unlikely to be contentious legislation. When I raised my Anti-SLAPP petition[iv] with the Scottish Parliament back in September 2022, it went through all stages of consideration including an evidence session in front of the committee involving myself and experts in the law. Throughout the process all political parties represented on the committee were fully supportive. Following our evidence session, the then responsible Minister, Siobhian Brown MSP, accepted the petition and proceeded to produce the consultation document which attracted wide support. The government subsequently gave a commitment to act, and indeed the commitment was re-iterated in the SNP’s manifesto at the recent election. At a time of declining trust in politics, is this not an area where early action would be widely welcomed and make a positive contribution to life in Scotland? Is this not an ideal area where our parliament can unite and act in the interests of the public?
Roger Mullin is a former SNP Member of Parliament for Kirkcaldy and Cowdenbeath (2015-2017). He is an Honorary Professor, Philosophy and Law, at Stirling University, a director of the humanitarian organisation REVIVE Campaign, and an anti-corruption campaigner.
[i] See https://www.gov.scot/publications/scottish-government-consultation-strategic-lawsuits-against-public-participation/ Accessed September 2026
[ii] See https://consult.gov.scot/justice/strategic-lawsuits-against-public-participation/consultation/published_select_respondent Accessed September 2026.
[iii] See https://www.ohchr.org/en/documents/tools-and-resources/briefer-strategic-lawsuits-against-participation-slapps Accessed September 2026
[iv] See https://www.parliament.scot/get-involved/petitions/view-petitions/pe1900-pe1999/pe1975-reform-the-law-relating-to-strategic-lawsuits-against-public-participation-slapps Accessed September 2026