SPECIAL COLLECTION OF THE CASE LAW ON FREEDOM OF EXPRESSION
struck out from any affidavit is scandalous, vexatious or irrelevant.”127 Second, the defendant (the target of the SLAPP case) also requested the payment of punitive damages, which
were subsequently granted by the High Court128 alongside the attorney costs.129 The Court
made these conclusions on several basis: a) the plaintiff elected the incorrect proceeding to
pursue relief,130 b) the defendant had to launch a substantial defence against these proceedings and request the actual hearing131 and c) the proceedings against the defendant were of
a punitive nature.132
● By contrast, the High Court of Delhi did not grant payment of costs to SLAPP victims
in Tata Sons Ltd. v. Greenpeace (India). Although the Court did not grant an interim injunction to restrain the publication of material contributing to public debate —because
it would be too onerous on the defendant to either stop publication of the material or an
unjust restriction on the freedom of expression133— it failed to assess the need to provide
pecuniary relief on the basis of unsubstantiated claims seeking to restrict the dissemination
of information contributing to debate on matters of public concern.
127
Southern African Legal Information Institute (SAFLII), Uniform Rules - Rules regulating the conduct of the
proceedings of the Provincial and Local Divisions of the High Court of South Africa, p. 24.
128
High Court of South Africa, op. cit., para 25.
129
Ibid., para 49.2.
130
Ibid., para 43.
131
Ibid., para 32.
132
Ibid., para 44.
133
The High Court of Delhi, op. cit., paras 29 & 31.
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