Model Training Materials: Hate Speech, Defamation and National Security SLAPPs, or strategic litigation against public participation, are harassing or retaliatory lawsuits brought with an intent to silence speech on matters of public interest. Typically lacking legal merit, they instead seek to burden the opposing party with the costs and hassle of litigation. Journalists, non-profit organisations or individuals who lack the resources to fight such suits may simply settle the case or stop reporting on the issue, a form of selfcensorship. For example, journalists may avoid reporting on misconduct by corporations with a reputation for SLAPPs. Anti-SLAPP laws are designed to limit abuse of the legal system to silence freedom of expression mainly by providing a route to rapid resolution of the case. Defamation laws are particularly prone to SLAPP abuse but SLAPPs can also be based on other causes of action, so anti-SLAPP laws are typically not specific to defamation cases. They may include features such as: • An option for an early dismissal of the case. This can be available at the request of the defendant or, in some jurisdictions, the court itself may be empowered to dismiss SLAPPs. • The possibility of awarding court costs to the defendant, including attorney’s fees, particularly in jurisdictions where the losing party does not normally bear them • Penalties designed to discourage SLAPPs, such as the possibility of punitive damages upon dismissal of a SLAPP • Other measures, such as providing legal aid or special funds to support those subject to SLAPPs Increasingly, international human rights law standards suggest that States have a positive obligation to enact anti-SLAPP rules or similar measures. In their 2021 Joint Declaration, the various special mandates for freedom of expression called on States to: Ensure that courts have the power, either at the request of the defendant or on their own motion, to dismiss, in a summary fashion at an early stage of the proceedings, defamation lawsuits involving statements on matters of public interest that do not have a realistic chance of success.99 The UN Special Rapporteurs on freedom of expression and freedom of assembly and association have at other times also voiced support for anti-SLAPP laws or associated measures, such as providing legal support to those targeted by SLAPPs.100 Furthermore, in 2021 Joint Declaration on Politicians and Public Officials and Freedom of Expression, note 35. UN Special Rapporteur on freedom of expression, Reinforcing media freedom and the safety of journalists in the digital age, note 85, para. 113; UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association, Info Note, SLAPPs and FoAA Rights, 2017, https://bit.ly/3Tbgu74; and UN Working Group on Business and Human Rights, Guidance on National Action Plans on Business and Human Rights, December 2014, p. 37. 99 100 The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. 23