Risk of Unfairness in Historical Prosecutions
Following the issuance of the November 2022 SRA warning notice on strategic lawsuits against public participation (SLAPPs), concerns have been raised about wealthy individuals using legal threats to silence critics.
The warning notice was issued in response to much-publicised concerns, with the intent of addressing this issue. However, issues arise when prosecutions are brought for historical allegations that occurred under a previous regulatory regime.
This is a challenging area where
free speech advocates clash with legal professionalswho aim to preserve the reputation and/or privacy of their clients from unscrupulous attention.
Author's summary: Historical prosecutions pose risks of unfairness.
- SLAPPs warning notice issued in November 2022
- Concerns about wealthy individuals silencing critics
- Challenges in balancing free speech and reputation/privacy preservation