Corporate Legal Accountability Update: Issue 35, June 2020
Companies abuse lawsuits to silence critics, even amidst a global pandemic
The judicial harassment of human rights defenders (HRDs) holding business to account has increased by 84% in 2019 compared to the previous year, reaching a five-year high. Amidst the global COVID-19 pandemic, companies and governments around the world continue to drag critics through the courts to silence them. In Europe, 116 organizations just called on the European Union (EU) to implement a directive to “end gag lawsuits used to silence individuals and organisations that hold those in positions of power to account.”
Silencing Critics
The work of human rights defenders to expose harm by companies around the world is proving to be increasingly crucial. In the face of massive impacts of a global pandemic, climate crisis, shifting economic models, and increased migration, HRDs speak up for fairness and sustainability in business operations and global markets. Tragically, some companies think otherwise. Rather than listen and act on the information defenders share, a growing number of unscrupulous companies retaliate against those who criticise them by filing Lawsuits Against Public Participation (SLAPPs). SLAPPs seek to manipulate the judicial system by masquerading as legitimate legal claims, abusing laws (e.g. on libel / defamation) to target valid and protected speech or protest...
COVID-19
Mass layoffs in and shutdowns of supply chain factories, increased government surveillance, censorship & privacy, and increasing fears of unemployment, underemployment and working poverty are just a few examples of the harm reported in our dedicated portal on the impact of COVID-19 on business and human rights and COVID-19 Tracker. This makes the work of human rights defenders - including labour organizers, staff and members of civil society organizations, rural community leaders, organizers of peaceful protests and others- who shine a light on human rights abuses more important than ever. Sadly, the climate for human rights defenders and other critics is more and more hostile, as they are increasingly subjected to judicial harassment.
Authorities in several countries are also using the pandemic to censor free speech and control the flow of information, including byprosecuting whistle-blowers, and other critics. Meanwhile workers areprotesting the measures taken by their employers. This includes the lack of personal protective equipmentor adequate distancing measuresas well as wrongful termination. Workers critical of their employers – such as union leaders and other HRDs – are often the primary targets of lay-offs without compensation.