Quick summary
- The Bureau of Investigative Journalism (TBIJ) argued on 13 November that UK law lets wealthy people use legal threats to silence women who report abuse.
- It cites Russell Brand, who was sentenced this week, and David Walliams, who denies wrongdoing.
- A woman identified as “Alice” says she received a lawyer’s letter in 2020 after seeking an apology from Brand’s agency. Her allegations were not heard in court.
- A new law to curb the practice is being considered in parliament, but TBIJ says it may not pass.
Russell Brand’s jailing has prompted a wider argument in Britain about how the law can be used to keep allegations out of public view. In a comment piece published on 13 November, TBIJ said Brand, Walliams and the late Mohamed Al-Fayed each used legal pressure to try to silence women who wanted to speak out. Walliams denies any wrongdoing.
What TBIJ says happened
The Bureau’s argument is that women are wronged twice: first by the alleged behaviour, then by the threat of court action that keeps them quiet for years. It says UK law favours people rich enough to hire expensive lawyers to silence critics.
Baroness Kennedy, described as one of the UK’s most distinguished lawyers, told TBIJ the legal system meant to protect women is being turned against them “through NDAs and threats of litigation”.
Rupert Cowper-Coles, head of media at the law firm RPC, which advises the Bureau, said defending a libel claim can cost hundreds of thousands of pounds, if not millions. More often than not, he said, victims choose to stay silent.
The Brand and Walliams examples
In Brand’s case, TBIJ points to “Alice”, a woman identified in the Sunday Times investigation. She said she was in an abusive and controlling relationship with him at 16, while still at school. In 2020 she contacted his agency seeking an apology. She says she instead received a letter from his lawyers accusing her of being after money. TBIJ notes her allegations were not among those the court heard.
Brand was sentenced this week for raping one woman and sexually assaulting three others. The Manchester Evening News reports a sentence of 10 and a half years, while TBIJ describes it as 10 years. For how the case unfolded, see our report on how Russell Brand was caught.
On Walliams, TBIJ cites a Guardian and ITV News investigation. It reported that a woman invited to his house at 18 received a letter from the law firm Schillings months later, warning she risked a “serious civil offence” if she disclosed private information about him. Schillings said it was instructed to write the letter and understood she intended to sell an “untruthful” story to the press. The Met police says it has received no complaints against Walliams.
Comedian Lucy Beaumont told Sky News that another young woman had signed a non-disclosure agreement barring her from discussing an incident even with a therapist.
Why newsrooms feel it too
TBIJ says reporters face the same pressure. After the Guardian reported allegations about Noel Clarke and he sued for libel, the paper won, but its costs ran to £6m. Clarke pleaded not guilty in October to allegations of sexual assault and other offences against five women.
The Bureau says the Solicitors Regulation Authority can investigate “heavy-handed tactics that are oppressive or abusive”, but argues it has suffered recent legal defeats that critics say left it “toothless”. Its conclusion is that only a change in the law will protect women.
A character reference in court
Separate court details also emerged this week. The Press Association obtained a reference from Georgina Baillie, granddaughter of Andrew Sachs of Fawlty Towers, which was given to the judge at the 10 November hearing. She wrote that she and Brand had about 12 “casual sexual encounters” in 2006 and 2007 and that he “understood and respected boundaries”. Brand and Jonathan Ross left Sachs voicemails in 2008 about her, the Sachsgate affair that ended Brand’s BBC Radio 2 show.
The judge called Brand “staggeringly arrogant” and said he believed fame would let him escape consequences. Our explainer covers Baillie’s reference in full.
What happens next
The bill TBIJ refers to is still being considered in parliament, and the Bureau says passage is not certain. Police are also reported to be looking at fresh claims, covered in our post on six more women coming forward. More is on our Russell Brand tag page.
Frequently asked questions
What is a SLAPP?
TBIJ uses the term for strategic lawsuits against public participation, legal actions it says are used to silence victims, whistleblowers and journalists.
Was Russell Brand convicted?
Yes. A jury found him guilty of one count of rape and three of sexual assault. He was cleared of two counts of rape and one of attempted indecent assault, according to the Manchester Evening News.
Has David Walliams been charged?
No. The Met police says it has received no complaints against him, and he denies wrongdoing, according to TBIJ.
