‘Student journalists are easy targets’
When reporters are threatened with legal action, newsroom lawyers can step in — but for student journalists and freelancers, there’s often no safety net. Lindsay Pantry meets one young reporter who saw their investigations shut down not once, but twice by SLAPPs.
A student journalist who faced two separate SLAPPS while reporting at the University of York’s newspaper has urged young reporters to stand up against the “aggressive” intimidation tactics used by those who wish to suppress public interest reporting.
Josh Haining, 22 (right), had been investigating an anonymous confession-style instagram account when, after requesting a right of reply from the target of the investigation, he was hit with a five-page document threatening him with legal action if he published – and it bore all the hallmarks of a SLAPP.
His initial reaction was shock.
Mr Haining said: “It was quite surprising, it was worrying, mostly because at that moment, you think the Student Union (publisher of Nouse) is going to be angry at you for asking questions or bringing the threat of legal action onto the Student Union.”
The letter, which Mr Haining received by email at 8pm the day before his deadline, included detailed demands for disclosure of sources, and warning of “extremely high legal costs” should publication go ahead.
He immediately sought legal advice from a friend, and was told the letter bore all the hallmarks of a SLAPP.
“At that point, it was about 10 at night, and that’s an aspect of a SLAPP – both SLAPPs I received were sent late at night, when it’s not as easy to correspond with anyone,” he said. “It can make you panic, especially with the demands.”
The letter had also been sent to the Student Union and the university’s Vice-Chancellor’s office, in what Mr Haining felt was a “quite terrifying attempt to divide the student from who is actually there to support them”.
While he felt forced to back down and not publish the story, being faced with such a confrontational and threatening legal letter, and the work he did in the subsequent weeks to ensure there was no legitimate legal threat, meant he felt more prepared when he later faced another SLAPP while working on a similar story.
Mr Haining, who is now studying a MA in Newspaper Journalism at City University, London, said student journalists can be an “easy target” for legal threats; and that the label of student journalist can be used to “undermine serious reporting”.
“If you’re getting threatened with legal action, then you’re asking the right questions,” he said, “or pushing buttons somewhere that someone doesn’t want them being pushed.
“The first time it happens, you’re never going to forget what that’s like. When it happens again, your reaction is completely different.”
In May this year, Mr Haining decided to write about the experience for Nouse, and was supported by both the York Student Union and UK Anti-SLAPP Coalition, who said they were “deeply alarmed” by the “unjustified, disproportionate and unreasonable” legal threat.
In a statement to Nouse, a spokesperson for the UK Anti-SLAPP Coalition said: “That this legal letter came in response to [the student] contacting the organisation to attempt to verify claims and give the company a right of reply is also deeply concerning.
“This is a key tenet of responsible journalism and we condemn what appears to be an attempt to shut down his reporting and threaten [the student] into silence. Student journalism is a vital part of a democratic society and it must be protected from such abuse.”
The decision to write about the SLAPP was bold, but felt like the right thing to do.
Mr Haining said: “I just thought to myself, I don’t really want to sit on this. This is exactly what they want to do – stop something from being published.So, I worked at getting it out in the best way possible.”
Josh’s advice to fellow student journalists
1. Write about the threat if you can
If a SLAPP works, its existence remains secret. Public interest reporting demands that the public know they are being silenced:
“I would definitely write about it if you can. You are told, when training to be a journalist, that the most powerful tool is to write about something. It’s difficult, you might not be sure how much you’re able to actually disclose for people to get a full understanding of the threat, but the more people read about SLAPPs, the more they will be prepared if they face one.”
2. Seek external support
Immediately contact your editor and your organisation’s legal representative. Nouse had access to a specialist media lawyer who was “very supportive”.
Mr Haining also recommends reaching out to the Anti-SLAPP Coalition to understand the nature of the threat.
The second time his reporting was SLAPPed, the legal letter was sent directly to his editor, which Mr Haining thinks was a tactic to put “more degrees of separation” between the journalist and the SLAPP, in the hope the editor would back down sooner – which is this case, they did.
3. Recognise the tactics
Legal threats sent late at night, featuring exaggerated claims of high costs and demands to name sources, are common SLAPP characteristics. Recognising them as a scare tactic, rather than a genuine legal move, is the first step.
Reynolds Porter Chamberlain, the firm that advised Mr Haining, told Nouse: “Threatening an injunction without merit, sending unduly aggressive correspondence and responding to right of reply enquiries with a highly threatening legalistic letter are all hallmarks of SLAPPs.
“SLAPPs are a serious threat to free speech. This example shows that their effects are felt by a huge range of journalists: from employees of seasoned media organisations to university publications.”