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Bericht

12 Jun 2024

Autor:
Global Focus

New report by Global Focus highlights the negative impacts of SLAPPs and recommendations to address them

Over the past years, there has been a rise in powerful actors such as corporations and political figures using baseless lawsuits to target individuals and collectives that are exercising their civic freedoms... Specifically, industries such as fossil fuels are known for its predominance in filing such lawsuits…

… SLAPPs do have some defining characteristics including:

  • Power imbalances between the claimant and the target.
  • They pertain to matters of public interest.
  • They are frequently civil rather than criminal lawsuits.
  • They do not necessarily look to address an actual grievance, rather they aim to exhaust the defendants financial, emotional, and other resources.
  • Disproportionate claims of damages or other abusive legal tactics.

Human rights and environmental defenders and public watchdogs often find themselves struggling to access the financial resources needed to defend a lawsuit… it has significant impacts on the work of civil society actors as well as, more broadly, the democratic dialogue, as it might deter public watchdogs to shed lights on issues of public interest…

There have been several initiatives from states and official bodies to combat SLAPPs. In early 2024, the European Union passed an anti-SLAPP directive… it still has some concerning gaps leaves considerable discretion for States in its implementation.

… some suggested actions that civil society can take in order to effectively combat SLAPPs [include]:

  • Conceptualizing SLAPPs...
  • Raising awareness...
  • International advocacy and coalition building...
  • Document and provide legal support...
  • Stronger legal regulations...