Ahsan Mustafa examines how SLAPPs threaten charity journalism and accountability
In September 2022, former Treasury spokesperson for the SNP and former member of SNP's National Executive Committee, Roger Mullin (pictured above, centre) submitted a petition to the Scottish Parliament calling for reform to stop Scotland becoming a safe haven for Strategic Lawsuits Against Public Participation (SLAPPs), legal actions used to intimidate and silence critics.
Now, as the Scottish Government moves toward legislation, campaigners warn that the charity and voluntary sector could be a new front line in this battle.
Silencing through the courts
The term SLAPP originated in US academia and describes the use of defamation, privacy, or data protection law by powerful individuals or organisations to suppress legitimate criticism. The purpose isn’t always to win, it’s to exhaust the other side financially and psychologically.
While such cases have often involved oligarchs or multinational corporations, similar tactics can appear closer to home. In Scotland’s charity sector, journalists, trustees, and whistleblowers who raise questions about governance or safeguarding are sometimes met not with transparency, but with threats of legal action.
These threats can be devastating for small organisations with limited resources. Many charity media outlets operate on shoestring budgets. A single solicitor’s letter threatening tens of thousands of pounds in costs can be enough to kill a story or silence a source.
When trustees abuse power
The majority of trustees uphold the values of openness and integrity. But there have been instances where powerful or entrenched trustees have used legal intimidation to deter internal scrutiny or external reporting.
Journalists investigating financial irregularities, bullying or conflicts of interest have been accused of defamation merely for asking questions. Staff raising safeguarding or whistleblowing concerns have faced similar threats. The result is a 'chilling effect' where journalists, volunteers, and even regulators may hesitate to act.
Such behaviour undermines public trust, the very foundation of charitable status.
Following Mullin’s petition, the Scottish Government committed in May 2024 to bring forward anti-SLAPP legislation, launching a public consultation in February 2025.
Scotland has already modernised its defamation laws through the Defamation and Malicious Publication (Scotland) Act 2021, which introduced a serious harm test and new defences for responsible journalism. But campaigners argue that a dedicated anti-SLAPP framework is still needed, one that allows abusive lawsuits to be struck out early, sparing journalists and charities from years of financial and emotional strain.
In March 2025, the University of Aberdeen’s Anti-SLAPP Research Hub hosted a national workshop, A Model Anti-SLAPP Law for Scotland, convened by professors Justin Borg-Barthet and Francesca Farrington. It brought together lawyers, academics, and civil society representatives to refine draft legislation and share experiences from other jurisdictions.
Participants agreed that Scotland faces real risks to free speech and civic participation if it fails to act. As one delegate put it, “This isn’t about protecting journalists, it’s about protecting democracy.”
Lessons from the charity sector
For charities, the message is clear: accountability and free expression are inseparable from good governance. Whistleblowers, auditors, and journalists must feel safe to report wrongdoing without fear of ruinous legal costs.
The Scottish consultation paper explicitly recognises that public watchdogs, including NGOs and campaigners, are among those most at risk. Anti-SLAPP reform could give them stronger procedural safeguards, allowing courts to identify and dismiss vexatious claims quickly.
The hope is that such legislation will encourage a culture of transparency across the third sector, one in which legitimate criticism is met with evidence, not litigation.
A turning point for free speech
Roger Mullin says he is encouraged by the continuing dialogue with the ministerial team drafting the consultation and adds: “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.”
As the Scottish Government considers next steps, the charity world has an opportunity to lend its voice to the debate. By supporting anti-SLAPP reform, the sector can help safeguard the transparency and accountability on which public trust depends.
Dr Francesca Farrington (pictured above, right), former convenor of the Anti-SLAPP Research Hub at the University of Aberdeen, research associate at the Centre for Business Research, University of Cambridge, and member of the Rule of Law and Economic Development Working Group, McGill University, says that reports that journalists investigating financial irregularities in the charity sector have been threatened with legal action are particularly concerning and warrant further scrutiny.
“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.”
I gave evidence at the Scottish Parliament on reforming the law in relation to SLAPPs. 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.
Ahsan Mustafa (pictured above, left) is a banking litigation lawyer at Aberdein Considine LLP.
Read TFN's coverage of SLAPPs here.
