SEVERAL media outlets are facing an attack after making allegations about the fund of a former president of Kazakhstan and its asset, a UK company.
Since May, four media outlets in the UK and the US received several letters from a US law firm on behalf of Jusan Technologies and the Nazarbayev Fund Private Fund. In August, a claim was filed at the High Court.
The Bureau of Investigative Journalism (TBJI), openDemocracy and the Telegraph have not yet been served.
The company and the fund claim these outlets produced inaccurate information and caused financial loss to Jusan Technologies by publishing investigative reports that alleged there was a link between Jusan Technologies and the former president of Kazakhstan Nursultan Nazarbayev. The fund, Nazarbayev and his family were also included in the report.
A Slapp (strategic lawsuit against public participation) is what openDemocracy have described the claims as. A Slapp is considered to be calculated and ‘aggressive’ to prevent public participation.
Peter Geoghegan, the editor-in-chief of openDemocracy, said: “OpenDemocracy and the Bureau of Investigative Journalism have taken the unusual step of going public with this because we think it is important for people to understand how legal threats are used in this country and because we are determined to defend ourselves.”
Geoghegan added that defending reporting from what is thought to be a Slapp could “cost a fortune, with the result that many defendants are priced out of the game and other reporters will be deterred from fresh investigations”.
“This case has already cost openDemocracy tens of thousands of pounds and we need the public’s help to defend ourselves.”
Slapps have drawn attention after several cases were filed against journalists and book publishers by Russian oligarchs, such as Roman Abramovich who settled his libel claim against journalist Catherine Belton over her book Putin’s People, and those involved in funding election campaigns such as Arron Banks, the main funder of the Leave.EU campaign who lost his libel case against journalist Carole Cadwalladr.
Nik Williams, the policy and campaigns officer at the Index on Censorship, said the current threat facing the publishers appeared “emblematic of the growing use of Slapps to target and silence open reporting”.
Williams added: “For too long, the UK has been the centre of legal threats brought by the world’s wealthy, powerful and opaque to stifle media freedom and the public’s right to know."
Before the appointment of Liz Truss, Dominic Rabb had announced proposals for courts in England and Wales to be granted powers to dismiss legal actions brought against reporters and publishers who were writing in the public interest. They also proposed a cap on costs so journalists and publishers could properly defend themselves.
Williams pointed out: “In July, the UK government committed to bring forward a set of measures to target Slapps, and these threats demonstrate the urgency of the issue. We stand in solidarity with openDemocracy and TBIJ, and all others facing such threats, and reiterate our call for swift and bold measures that protect free expression.”
As Rabb is no longer Justice Secretary, the proposed legislation has been delayed. The Reporters Without Borders press freedom index rates Kazakhstan 122nd out of 180 countries. The UK is rated 24th and the report states:
“Worrisome governmental legislative proposals, extensive restrictions on freedom of information, the prolonged detention of Julian Assange, and threats to the safety of journalists in Northern Ireland have impacted the UK’s press freedom record.”
A spokesperson for the fund and Jusan said: “We look forward to proving in court that the reporting challenged in the lawsuits is false. We are not owned or controlled by Mr Nazarbayev, nor do we benefit him. Our sole mission is to support public education in Kazakhstan.”
An unidentified source said Nazarbayez had not played any active role in the operations or functioning of the fund, even though he is the accepted chairman.
