Background

Strategic Lawsuits Against Participation (SLAPPs) refer to lawsuits or threats of legal action which use abusive litigation tactics with the aim or effect of suppressing public participation and critical reporting on public interest matters. Such lawsuits are growingly used in all parts of the world, irrespective of legal traditions and judicial system, either by State or non-State actors. Business actors initiate a significant portion of SLAPPs. Most often, SLAPPs target activists, journalists, environmental campaigners, human rights defenders, academics, and non-governmental and media organizations.

Summary

The present briefer was developed based on a study that the Office of the High Commissioner for Human Rights commissioned to the Aberdeen University. After defining SLAPPs, the briefer examines the impact of such practice on human rights, especially freedoms of expression, assembly and association, as well as the right to public participation. It also suggests measures that States should take to tackle SLAPPs, including the decriminalization of defamation, blasphemy and other offences that may impose disproportionate penalties on those exerting their rights; the adoption of anti-SLAPPs laws; and the possibility for courts to dismiss SLAPPs through abuse of process provisions. In addition, business actors are encouraged to refrain from SLAPPs, develop clear protocols to deal with SLAPPs and grievance mechanisms that address risks throughout the supply chain. Business actors should also exercise human rights due diligence to identify and prevent the use of SLAPPs.