In its judgment of 15 March 2022 in the case of OOO Memo v. Russia, the ECtHR warned for “the risks that court proceedings instituted with a view to limiting public participation bring for democracy“. Continue reading
The International Forum for Responsible Media Blog
Tag: Anti-SLAPP
The well known Canadian media lawyer Ryder Gilliland has produced a comprehensive report analysing 37 decisions on anti-SLAPP motions in 2023 in the courts of Ontario and British Columbia. His goal is to provide insight into how motions under anti-SLAPP legislation in Ontario and British Columbia are being adjudicated. The report examines macro trends (such as the number of successful anti-SLAPP motions), as well as micro trends (such as which elements of the statutory test are most often met). Continue reading
The Strategic Litigation Against Public Participation Bill [pdf] sponsored by Labour MP Wayne David but supported by the Ministry of Justice returns to the House of Commons for its Committee Stage on 8 May 2024. Continue reading
It took just two years for the idea of an anti-SLAPP statute to go from a grassroots movement in the UK to its realisation in legislation. There are obvious problems with the resulting anti-SLAPP provisions in the Economic Crime and Corporate Transparency Act 2023 (“ECCTA”), and the more general “SLAPPs Bill”, currently at the Committee Stage. Both are overinclusive in their definition of “SLAPPs”, and the burden they place on claimants is likely to lead to problems with access to justice. But what should be done about SLAPPs? Continue reading
The Government has issued a “Call for Evidence [pdf]” in relation to “Strategic Lawsuits Against Publication Participation” (SLAPPS). Even before the evidence is in the Government appears to have made up its mind, announcing in advance “Government clampdown on the abuse of British courts to protect free speech“. Continue reading
It is rare in Belgium for people who take part in the public debate, such as journalists and academics, to have to defend themselves in criminal court in a private prosecution for defamation. Three times in a row, this type of criminal procedure has recently proven to have little or no chance of success and mainly serves to legally harass the defendant. Continue reading
In my recent post on the Malkiewicz v UK application, I noted two ideas for reducing exorbitant cost of defamation proceedings. One was to allow publication proceedings to be heard in the County Courts, taking advantage of the costs limitations imposed by the ‘small claims’ and ‘fast track’ procedural rules. Alternatively, a new specialist court or tribunal could handle such claims. Continue reading
Strategic Lawsuits Against Public Participation (SLAPP) is a type of litigation (or threat of litigation) that are used, as the name suggests, strategically by claimants against organisations and individuals – including NGOs, activists, academics, whistleblowers, and journalists – to shut down free speech. Consequently, they pose a threat to democracy, that as members of society we should all be concerned about. Continue reading
On 1 December 2020 a model EU anti-SLAPP Directive was released: SLAPP stands for Strategic Litigation Against Public Participation (see also here). The proposal is an initiative of a broad network of NGOs supporting the advocacy and initiatives for anti-SLAPP legislation at the level of the EU. Continue reading
Five years after “anti-SLAPP” legislation in Ontario, Canada (the “anti-SLAPP law”) was enacted, the Supreme Court of Canada (“SCC”) has weighed in to provide much-needed guidance in an area hampered by uncertainty. The anti-SLAPP law is aimed at discouraging claims that unduly limit expression on matters of public interest and reducing “libel chill”. It provides a route for defendants to seek to have claims involving such expression dismissed at an early stage. Continue reading
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