SPECIAL COLLECTION OF THE CASE LAW ON FREEDOM OF EXPRESSION
This paper also shows that lower courts are not properly applying international freedom of
expression standards in their cases, especially if they consider public figures. Hence, training
should be provided to judges at all relevant courts to aid them in recognising SLAPPs and on
applying relevant international and regional human rights standards.
At the same time, international and regional human rights bodies can provide stronger
guidance and standards in this area. As a starting point, human rights bodies should provide
guidance on how states can fulfil their duty to prevent the abuse of judicial proceedings to
interfere with the exercise of the right to freedom of expression and participation on public
interest matters. This can come in various forms, e.g. through thematic reports, resolutions,
and guidelines, made by special rapporteurs of international and regional human rights bodies
(especially in the Inter-American and African human rights systems) or collections on best
practices for the judiciary.
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