Strategic Lawsuits Against Public Participation (SLAPP)

Strategic Lawsuits Against Public Participation Latest News

Over a year before a civil court imposed an ex-parte injunction on journalists from publishing or circulating allegedly unverified and defamatory material against Adani Enterprises, the Supreme Court had been worried about courts recognising ‘SLAPP’ suits across jurisdictions.

About Strategic Lawsuits Against Public Participation

• SLAPPs are meritless suits solely used to drag the opposing party through protracted litigation to dry up their resources. 
• These lawsuits are typically filed by influential and wealthy individuals or businesses against people who criticise them, conduct investigations, communicate, or express opinions on matters of public interest.   
• SLAPPs often target journalists and the media, as well as NGOs, academics, researchers, writers, artists, and human rights defenders-in general people who engage in public discourse and demand accountability.   
• SLAPPs shut down critical speech by intimidating critics and draining their resources, undermining their active public engagement. 
• Moreover, one core characteristic of this kind of action is the disparity of power and resources between the plaintiff and the defendant.
• Often based upon ambiguous and elastic law provisions, SLAPPs use several strategies to exhaust resources and morale, generally including exorbitant claims for damages and allegations designed to smear, harass and overwhelm activists and/or civil society organisations.
• Many nations (the USA, Canada, UK, and others) have enacted anti-SLAPP laws granting early dismissal of frivolous suits and fee-shifting to protect public participation. 
• India has no such statute, so courts must rely on existing civil procedure rules and constitutional guarantees.
• The Supreme Court of India warns against ‘SLAPP’ suits, emphasizes the protection of journalistic expression in defamation cases.

Source: TH

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