Abstract
There is a growing threat to the rule of law, democracy and human rights in Europe. It manifests as seemingly run-of-the-mill lawsuits. However, on closer inspection, many lawsuits are not as they seem.
Rather than attempting to remedy a wrong, lawsuits can have a much more insidious goal – to suppress truths and to silence criticism. These lawsuits are known as “strategic lawsuits against public participation” or Slapps.
Slapps target people who speak out on anything from climate change to money laundering. For those who would rather their critics stay silent, and their wrongdoings go unreported, there is a playbook of abusive litigation tactics readily available.
These tactics are enlisted by the rich and powerful to drive up the financial and psychological burden of defending a lawsuit until their opponents are left with no choice but to stop reporting or campaigning. They tend to wipe the public record clean, and to isolate the few who are able to resist attempts at censorship, sometimes with fatal consequences.
Rather than attempting to remedy a wrong, lawsuits can have a much more insidious goal – to suppress truths and to silence criticism. These lawsuits are known as “strategic lawsuits against public participation” or Slapps.
Slapps target people who speak out on anything from climate change to money laundering. For those who would rather their critics stay silent, and their wrongdoings go unreported, there is a playbook of abusive litigation tactics readily available.
These tactics are enlisted by the rich and powerful to drive up the financial and psychological burden of defending a lawsuit until their opponents are left with no choice but to stop reporting or campaigning. They tend to wipe the public record clean, and to isolate the few who are able to resist attempts at censorship, sometimes with fatal consequences.
| Original language | English |
|---|---|
| Specialist publication | The Conversation |
| Publication status | Published - 28 Nov 2023 |
Bibliographical note
Francesca Farrington has consulted to the European Parliament, the United Nations Office of the High Commissioner for Human Rights, and the Coalition Against SLAPPs in Europe (CASE).Justin Borg-Barthet has consulted to the European Parliament, the European Commission, the United Nations Office of the High Commissioner for Human Rights, and the Coalition Against SLAPPs in Europe (CASE).
