SPECIAL COLLECTION OF THE CASE LAW ON FREEDOM OF EXPRESSION
of the Inter-American Commission on Human Rights has raised concerns about the impacts of
SLAPPs in the region.6
In countries without specific legislative protection against SLAPPs, the courts can play a crucial role in ensuring that SLAPPs do not prevent the exercise of fundamental rights, do not limit
the vital role of civil society and do not shrink civic space. 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. While the
research is not exhaustive and further in-depth research into individual jurisdictions is necessary,
this study ascertains some basic trends from selected cases.
We hope that this analysis will demonstrate that although courts play a crucial role in rejecting SLAPPs, the gaps in legal protection against SLAPPs cannot be supplemented at the level of
individual court decisions. It is clear that stronger protection against SLAPPs needs to be adopted
on international, regional, and national levels. As such, we hope this study can contribute to global
advocacy for the adoption of such protection.
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.
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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.
6
See e.g. the Special Rapporteur on Freedom of Expression of the Inter-American Commission on Human Rights, Annual Report of the Inter-American Commission on Human Rights, 2021.
7