How are courts responding to SLAPPs? Analysis of selected court decisions from across the globe

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How are courts responding to SLAPPS? Analysis of selected court decisions from across the globe

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Source URL: https://globalfreedomofexpression.columbia.edu/wp-content/uploads/2023/07/GFoE_SLAPPs-paper.pdf

Description: The increase of cases of strategic lawsuits against public participation (SLAPPs) is a growing concern for human rights bodies, the media, and civil society around the world. SLAPPs are a form of abusive litigation that intimidate and harass journalists, media outlets, protesters, or environmental and human rights defenders. These lawsuits are typically initiated by politicians, public officials, wealthy businesspeople, big companies, and public figures aiming to silence critical voices and stifle scrutiny and public debate. This study examines some judicial responses to SLAPPs in a small sample of cases around the world. It looks into whether courts recognise the danger posed by SLAPPs and whether and how they assess SLAPP cases. The study is divided into three sections. First, we provide a brief overview of the concept of SLAPPs and why they are concerning from the perspective of freedom of expression and freedom of the media. Second, we try to deduct some key aspects of judicial responses to SLAPPs in jurisdictions without dedicated anti-SLAPP protection, determine whether these are adequate, and outline what underlying issues need to be addressed to eliminate the problem of SLAPPs. Finally, we offer a conclusion that provides some initial recommendations on how the good practices of courts and existing gaps should be addressed based on international freedom of expression standards.

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