Russian oligarchs have a new secret weapon in their arsenal: libel. With the help of wealthy friends in high places, they are using this powerful tool to shut down critical media outlets and silence their critics.
In this blog post, we will take a closer look at how libel is being used to suppress free speech and quash dissent in Russia. We will also explore the implications for journalists and bloggers who dare to speak out against the rich and powerful.
Do Russian Oligarchs Have Secret Weapon Libel?
The Defamation Act 2013 was meant to make it harder to bring weak claims. Under section 1, a statement is only defamatory if its publication “has caused or is likely to cause serious harm” to the claimant’s reputation, and section 9 limits claims against defendants not domiciled in the UK unless England and Wales is clearly the most appropriate place to sue.
The statute that was provided to the Ministry of Justice was written by an associate professor at the London School of Economics Andrew Scott, who claimed that if it was intended to support the media, it failed.
He claimed that although the bar for success in a defamation action was raised, nothing was done to reduce the process’s expense.
Little has changed, and journalists and publishers still have to worry about paying hefty legal bills to defend themselves against irate oligarchs.
Scott said that he and a colleague had warned at the time that the only ones who would benefit from the new law were “lawyers and tyrants.”
Veteran reporters have learned to sense trouble early. “In the last couple weeks I’ve had a dozen editors ask me to write about Roman Abramovich, and I’ve had to reply that I have never looked at him because it’s never occurred to me that I’d get anything published about him,” Oliver Bullough, author of “Butler to the World,” told The New York Times in March 2022. “You become quite good at navigating the rules. It’s a very effective form of censorship.”
Since “Butler to the World” was released on March 10, there have been no legal setbacks. Oligarchs frequently file lawsuits as the one-year statute of limitations for defamation actions approaches. For instance, as the first anniversary of “Putin’s People” drew near, cases against them increased.
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