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{{Short description|Litigation intended to silence critics}}
'''Strategic lawsuits against public participation''', ('''SLAPP''') refers to [[litigation]] filed by a large [[corporation]] to silence a less powerful critic by so burdening them with the cost of a legal defense that they abandon their criticism.
{{Redirect|SLAPP suits|the Last Week Tonight segment|SLAPP Suits}}
{{Use dmy dates|date=September 2021}}
'''Strategic lawsuits against public participation''' (also known as '''SLAPP suits''' or '''intimidation lawsuits'''),<ref>{{cite book |last1=Pring |first1=George William |last2=Canan |first2=Penelope |title=SLAPPs: Getting Sued for Speaking Out |date=1996 |publisher=Temple University Press |isbn=978-1-56639-369-0 |page=x |url=https://books.google.com/books?id=SEaAjENdpJkC&q=%22intimidation+lawsuits%22&pg=PR9 |language=en}}</ref> or '''strategic litigation against public participation''',<ref>{{cite Hansard |jurisdiction=Parliament of the United Kingdom |title=Strategic Litigation Against Public Participation (Freedom of Expression) Bill [HL] |url=https://hansard.parliament.uk/lords/2022-03-18/debates/0FA3F130-8A2D-4E14-9608-825ABEB61967/StrategicLitigationAgainstPublicParticipation(FreedomOfExpression)Bill(HL) |house=House of Lords |date=18 March 2022 |volume=820 |column=571}}</ref> are [[lawsuit]]s intended to [[censorship|censor]], [[intimidate]], and silence critics by burdening them with the cost of a [[legal defense]] until they abandon their criticism or opposition.<ref name="onthemedia_01">{{cite web|url=http://www.onthemedia.org/2010/apr/02/slapp-back/transcript/|title=SLAPP Back: Transcript|date=2 April 2010|website=[[On The Media]]|publisher=[[WNYC]] ([[National Public Radio]], [[PBS]])|first=Nazanin|last=Rafsanjani|access-date=29 June 2011|archive-date=21 May 2013|archive-url=https://web.archive.org/web/20130521082813/http://www.onthemedia.org/2010/apr/02/slapp-back/transcript/}}</ref>
 
In a typical SLAPP, the [[plaintiff]] does not normally expect to win the lawsuit. The plaintiff's goals are accomplished if the [[defendant]] succumbs to fear, intimidation, mounting [[legal costs]], or simple exhaustion and abandons the criticism.<ref>{{Cite web |last=Hartley |first=Sophie |date=2025-02-17 |title=Tactics Used by Fossil Fuel Companies to Suppress Critique and Obstruct Climate Action |url=https://commonslibrary.org/tactics-used-by-fossil-fuel-companies-to-suppress-critique-and-obstruct-climate-action/ |access-date=2025-04-12 |website=The Commons Social Change Library |language=en-AU}}</ref> In some cases, particularly in the context of [[investigative journalism]], repeated [[frivolous litigation]] against a defendant may raise the cost of [[Directors and officers liability insurance|directors and officers]] and other [[liability insurance]] for that party, interfering with an organization's ability to operate.<ref>{{cite web |url=http://philadelphia.cbslocal.com/2013/05/16/whacked-by-lawsuit-costs-old-city-civic-association-disbands/ |first=John |last=McDevitt |title=Whacked By Lawsuit Costs, Old City Civic Association Disbands |website=KYW-TV, CBS |___location=Philadelphia |date=16 May 2013}}</ref><ref>{{cite web|last=Czajkowski|first=Elise|title=Why media liability insurance is key to making sure your newsroom continues to exist|publisher=[[Institute for Nonprofit News]]|url=https://inn.org/research/case-studies/why-media-liability-insurance-is-key-to-making-sure-your-newsroom-continues-to-exist/|access-date=January 13, 2025}}</ref> A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a [[legal threat]]. SLAPPs bring about freedom of speech concerns due to their [[chilling effect]] and are often difficult to filter out and penalize because the plaintiffs attempt to obfuscate their intent to censor, intimidate, or silence their critics.
See also [[barratry]], [[vexatious lawsuits]].
 
== Characteristics ==
:''this is a [[stub article]]''
SLAPP is a form of [[strategic litigation]] or impact litigation that do not have true legal claims but are focused on deterring a message that they do not like.<ref name=":4">{{Cite web |title=SLAPP suit |url=https://www.law.cornell.edu/wex/slapp_suit |access-date=2024-11-21 |website=LII / Legal Information Institute |language=en}}</ref>
 
A common feature of SLAPPs is [[forum shopping]], wherein plaintiffs find courts that are more favourable towards the claims to be brought than the court in which the defendant (or sometimes plaintiffs) live.<ref name=Sheldrick2014>{{cite book |last1=Sheldrick |first1=Byron |title=Blocking Public Participation: The Use of Strategic Litigation to Silence Political Expression |date=2014 |publisher=Wilfrid Laurier University Press |isbn=978-1-55458-930-2 |page=50 |url=https://books.google.com/books?id=dbNlAwAAQBAJ&pg=PA50 |access-date=12 November 2014}}</ref>
 
Other widely mentioned elements of a SLAPP are the actual effectiveness at silencing critics, the timing of the suit, inclusion of extra or spurious defendants (such as relatives or hosts of legitimate defendants), inclusion of plaintiffs with no real claim (such as corporations that are affiliated with legitimate plaintiffs), making claims that are very difficult to disprove or rely on no written record, ambiguous or deliberately mangled wording that lets plaintiffs make spurious allegations without fear of [[perjury]], refusal to consider any settlement (or none other than cash), characterization of all offers to settle as insincere, extensive and unnecessary demands for [[discovery (law)|discovery]], attempts to identify [[anonymity|anonymous or pseudonymous]] critics, appeals on minor points of law, and demands for broad rulings when appeal is accepted on such minor points of law. In some instances it is clear that plaintiffs are attempting to drain defendants of their financial resources by making the lawsuit as costly as possible,<ref>{{cite book |last1=Sheldrick |first1=Byron |title=Blocking Public Participation: The Use of Strategic Litigation to Silence Political Expression |date=18 February 2014 |publisher=Wilfrid Laurier Univ. Press |isbn=978-1-55458-931-9 |page=22 |url=https://books.google.com/books?id=v7NlAwAAQBAJ&pg=PT202 |language=en}} "The strength of a&nbsp;SLAPP lawsuit&nbsp;is in its capacity to tie the&nbsp;defendants up&nbsp;in legal manoeuvring, prolong the litigation, and drain resources."</ref> and in these cases the plaintiff's motive may not be legal victory, but merely to waste the defendant's time and money.<ref>{{cite book |last1=Gillers |first1=Stephen |title=Journalism Under Fire: Protecting the Future of Investigative Reporting |date=2018 |publisher=Columbia University Press |isbn=978-0-231-54733-8 |page=116 |url=https://books.google.com/books?id=F0tBDwAAQBAJ&pg=PT16 |language=en}} "For some&nbsp;plaintiffs, the prospect of court victory may not be primary. Instead, the goal may be to force the defendant to spend both time and money by making the court fight&nbsp;as&nbsp;prolonged and&nbsp;expensive as&nbsp;possible."</ref>
 
When SLAPPs involve [[Copyright|copyright law]], they can be considered as a type of [[censorship by copyright]].<ref name=":13">{{Cite journal |last=Radsch |first=Courtney |date=2023 |title=Weaponizing Privacy and Copyright Law for Censorship |journal=SSRN Electronic Journal |doi=10.2139/ssrn.4464300 |issn=1556-5068|hdl=10419/299973 |hdl-access=free }}</ref>
 
== History ==
The [[acronym]] was coined in the 1980s by [[University of Denver]] professors Penelope Canan and [[George W. Pring]].<ref name="pring_canan_01">{{cite book |title=SLAPPs: Getting Sued for Speaking Out |isbn=978-0-375-75258-2 |last1=Pring |first1=George W. |last2=Canan |first2=Penelope |publisher=Temple University Press |pages=8–9 |year=1996}}</ref> The term was originally defined as "a lawsuit involving communications made to influence a governmental action or outcome, which resulted in a civil complaint or counterclaim filed against nongovernment individuals or organizations on a substantive issue of some public interest or social significance." The concept's originators later dropped the notion that government contact had to be about a public issue to be protected by the [[Right to petition in the United States|right to petition]] the government, as provided in the First Amendment to the United States Constitution. It has since been defined less broadly by some U.S. states, and more broadly in one state (California) where it includes suits about speech on any public issue.<ref name="ccp_425_16_01">{{cite web |url=http://www.casp.net/california-anti-slapp-first-amendment-law-resources/statutes/c-c-p-section-425-16 |title=(California) Code of Civil Procedure – Section 425.16 |publisher=California Anti-SLAPP Project |year=2009 |orig-date=Ratified 1992, last amended 2009 |quote=The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process.}}</ref>
 
The original conceptualization proffered by Canan and Pring emphasized the right to petition as protected in the United States under the US Constitution's specific protection in the First Amendment's fifth clause. It is still definitional: SLAPPs are civil lawsuits filed against those who have communicated to government officialdom (in its entire constitutional apparatus). The right to petition, granted by [[Edgar the Peaceful]], King of England in the 10th century, antedates [[Magna Carta]] in terms of its significance in the development of democratic institutions. As currently conceived, the right claims that democracy cannot properly function in the presence of barriers between the governed and the governing.<ref name="right_to_petition_01">{{cite journal |url=http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=3486&context=flr |journal=[[Fordham Law Review]] |volume=66 |issue=6 |date=1 January 1998 |title=The Vestigial Constitution: The History and Significance of the Right to Petition |first=Gregory A. |last=Mark}}</ref><ref>{{cite web |url=http://www.kingsengland.co.uk/queen-mary-ii-of-stuart-1689%E2%80%931694.html |title=Queen Mary II of Stuart (1689–1694) |website=Kings of England |year=2010 |access-date=29 June 2011 |archive-url=https://web.archive.org/web/20120326094857/http://www.kingsengland.co.uk/queen-mary-ii-of-stuart-1689%E2%80%931694.html |archive-date=26 March 2012 }}</ref>
 
[[New York Supreme Court]] Judge J. Nicholas Colabella said in reference to SLAPPs: "Short of a gun to the head, a greater threat to First Amendment expression can scarcely be imagined."<ref>{{cite book |last1=Pring |first1=George William |last2=Canan |first2=Penelope |title=SLAPPs: Getting Sued for Speaking Out |date=1996 |publisher=Temple University Press |isbn=978-1-56639-369-0 |page=ix |url=https://books.google.com/books?id=SEaAjENdpJkC&pg=PR9 |language=en}}</ref> In the United States a number of jurisdictions have made such suits illegal, however the conditions that a defendant must satisfy for a dismissal of the suit vary from state to state. In some states, such as California, defendants may be entitled to counter-sue SLAPP plaintiffs under some circumstances.<ref>{{cite book |last1=Belmas |first1=Genelle |last2=Overbeck |first2=Wayne |title=Major Principles of Media Law, 2015 |date=4 August 2014 |publisher=Cengage Learning |isbn=978-1-305-44555-0 |pages=178–189 |url=https://books.google.com/books?id=FsVhAwAAQBAJ&pg=PA178 |language=en}}</ref> This is commonly referred to as ''SLAPPback''.<ref>{{Cite web|url=https://www.rcfp.org/anti-slapp-guide/california/|title=California Anti-SLAPP|website=Reporters Committee for Freedom of the Press}}</ref>
 
== Jurisdictional variations ==
 
=== Australia ===
In the [[Australian Capital Territory]], the ''Protection of Public Participation Act 2008'' (ACT) protects conduct intended to influence public opinion or promote or further action in relation to an issue of public interest. A party starting or maintaining a proceeding against a defendant for an improper purpose may be ordered to pay a financial penalty to the territory.<ref>{{cite web |url=http://www.legislation.act.gov.au/a/2008-48/20111212-50372/pdf/2008-48.pdf |title=Protection of Public Participation Act 2008 |website=Parliamentary Counsel's Office |___location=Australian Capital Territory |date=12 December 2011 |access-date=7 July 2017}}</ref>
 
=== Canada ===
Canada's three most populous provinces (Quebec, British Columbia, and Ontario) have enacted anti-SLAPP legislation.
 
==== British Columbia ====
Since the repeal, BC activists especially the [[BCCLA]] have argued repeatedly for a broad understanding of SLAPP and a broad interpretation of judicial powers especially in intervener applications in BC and other common law jurisdictions and when arguing for new legislation to prevent SLAPPs. The activist literature contains extensive research on particular cases and criteria. The [[West Coast Environmental Law]] organization agrees and generally considers BC to lag other jurisdictions.<ref name="WCELJune2010">{{cite web |url=http://wcel.org/resources/environmental-law-alert/bc-trails-quebec-ontario-protecting-public-chilling-lawsuits |title=BC trails Quebec, Ontario in protecting public from chilling lawsuits |date=6 June 2010 |website=West Coast Environmental Law Association |access-date=6 July 2017}}</ref>
 
In March 2019, the legislature voted unanimously to pass another anti-SLAPP bill, the Protection of Public Participation Act.<ref>{{Cite web|url=https://www.cbc.ca/news/canada/british-columbia/legislature-passes-anti-slapp-1.5049927|title=B.C. legislature unanimously passes anti-SLAPP legislation |work=CBC News|date=8 March 2019|first=Ryan Patrick |last=Jones|language=en|access-date=10 March 2019}}</ref>
 
==== Nova Scotia ====
A [[private member's bill]] introduced in 2001 by [[Graham Steele]] (NDP, [[Halifax Fairview]]) proposed a "Protection of Public Participation Act" to dismiss proceedings or claims brought or maintained for an improper purpose, awarding punitive or exemplary damages (effectively, a "SLAPP back") and protection from liability for communication or conduct which constitutes public participation. The bill did not progress beyond first reading.<ref>{{cite web |url=http://nslegislature.ca/legc/bills/58th_2nd/1st_read/b061.htm |title=Protection of Public Participation Act |website=Nova Scotia legislature |date=23 May 2001}}</ref>
 
==== Ontario ====
By 2010, the Ontario attorney-general had issued a major report which identified SLAPP as a major problem<ref>{{cite web |url=http://www.attorneygeneral.jus.gov.on.ca/english/anti_slapp/ |title=Anti-SLAPP Advisory Panel |website=Ministry of the Attorney General |date=June 2013 |access-date=16 January 2017}}</ref> but initially little to nothing was done.<ref>{{cite web |url=http://lawiscool.com/2011/10/06/renewing-the-debate-on-anti-slapp-legislation-in-ontario/ |title=Renewing the Debate on Anti-SLAPP Legislation in Ontario |website=Law is Cool |date=6 October 2011}}</ref>
 
In June 2013, the attorney general introduced legislation to implement the recommendations of the report. The bill proposed a mechanism for an order to dismiss strategic lawsuits which attack free expression on matters of public interest, with full costs (but not punitive damages) and on a relatively short timeframe, if the underlying claims had no reasonable prospect of success.<ref>{{cite web |url=http://rabble.ca/columnists/2014/08/protecting-public-debate-through-anti-slapp-legislation |title=Protecting public debate through anti-SLAPP legislation |first=Shelina |last=Ali |date=28 August 2014 |website=[[rabble.ca]]}}</ref>
 
The bill enjoyed support from a wide range of groups including municipalities,<ref>{{cite web |url=http://billingstwp.ca/meeting-minutes/august-21-2014-meeting-minutes/ |title=August 21, 2014 Meeting Minutes |date=21 August 2014 |website=Council of the Corporation of The Township of [[Billings, Ontario|Billings]]}}</ref> the [[Canadian Environmental Law Association]], EcoJustice, [[Environmental Defence]],<ref>{{cite web |url=http://environmentaldefence.ca/blog/slapp-silly |title=SLAPP silly |date=3 March 2014 |website=Environmental Defence Canada |archive-url=https://web.archive.org/web/20141110001136/http://environmentaldefence.ca/blog/slapp-silly |archive-date=10 November 2014}}</ref> Ontario Clean Air Alliance, [[Ontario Nature]], [[Canadian Civil Liberties Association]],<ref>{{cite web |url=http://ccla.org/2013/12/02/ccla-urges-ontario-attorney-general-to-pass-protection-of-public-participation-bill/ |title=CCLA Urges Ontario Attorney General to Pass Protection of Public Participation Bill |date=2 December 2013 |website=Canadian Civil Liberties Association |archive-url=https://web.archive.org/web/20141110003848/http://ccla.org/2013/12/02/ccla-urges-ontario-attorney-general-to-pass-protection-of-public-participation-bill |archive-date=10 November 2014}}</ref> [[Canadian Journalists for Free Expression]],<ref>{{cite web |url=http://cjfe.org/resources/protest_letters/organizations-continue-call-anti-slapp-legislation-ontario |title=Organizations continue call for anti-SLAPP legislation in Ontario |website=Canadian Journalists for Free Expression |date=6 October 2014}}</ref> Citizens Environment Alliance of Southwestern Ontario, [[The Council of Canadians]], CPAWS Wildlands League, [[Sierra Club]] Ontario, [[Registered Nurses' Association of Ontario]]<ref>{{cite web |url=http://rnao.ca/policy/submissions/letter-minister-john-gerretson-attorney-general-bill-83-protection-public-partici |title=Letter Minister John Gerretson, Attorney General: Bill 83, Protection of Public Participation Act, 2013 |date=29 November 2013 |website=Registered Nurses Association of Ontario}}</ref> and [[Greenpeace]] Canada.<ref>{{cite news |url=https://www.thestar.com/opinion/commentary/2014/02/09/ontario_still_has_time_to_pass_environmental_bills.html |title=Ontario still has time to pass environmental bills |first=Yossi |last=Cadan |date=9 February 2014 |newspaper=[[Toronto Star]]}}</ref>
 
The legislation was re-introduced following the [[2014 Ontario election]] as Bill 52, and on 3 November 2015, Ontario enacted it as the Protection of Public Participation Act, 2015.<ref>{{Cite web|url=https://www.ola.org/en/legislative-business/bills/parliament-41/session-1/bill-52|title=Protection of Public Participation Act, 2015|website=Legislative Assembly of Ontario|language=en|access-date=27 March 2020}}</ref>
 
==== Quebec ====
Québec's then Justice Minister, Jacques Dupuis, proposed an anti-SLAPP bill on 13 June 2008.<ref name="ulcc_slapp_01">{{cite web |url=http://www.ulcc.ca/en/poam2/SLAPP%20Report.pdf |title=Strategic Lawsuits against Public Participation (SLAPPs) (and other abusive lawsuits) |last=Pelletier |first=Vincent |website=Uniform Law Conference of Canada, Civil Section (English & French) |date=August 2008 |access-date=29 June 2011 |archive-url=https://web.archive.org/web/20111001130753/http://www.ulcc.ca/en/poam2/SLAPP%20Report.pdf |archive-date=1 October 2011 }}</ref>
The bill was adopted by the [[National Assembly of Quebec]] on 3 June 2009. Quebec's amended Code of Civil Procedure was the first anti-SLAPP mechanism in force in Canada.{{Citation needed|date=August 2024}}
 
Prior to Ontario enacting its own Anti-SLAPP law the bill was invoked there (and then [[Supreme Court of Canada]] docket 33819). In the case of Les Éditions Écosociété Inc., [[Alain Deneault]], [[Delphine Abadie]] and [[William Sacher]] vs. [[Banro]] Inc., in which the publisher Écosociété pleaded (supported by the [[BCCLA]]<ref>{{cite web |url=https://bccla.org/wp-content/uploads/2012/03/2011-BCCLA-Legal-Case-Ecosociete-v-Banro.pdf |url-status=live|date=10 March 2011|title=Les Editions Ecosociete Inc., Alain Deneault, Delphine Abadie and William Sacher v. Banro Corporation |website=British Columbia Civil Liberties Association |archive-url=https://web.archive.org/web/20120406224405/http://www.bccla.org/othercontent/Ecosociete_BCCLA_argument.pdf |archive-date=6 April 2012}}</ref>) that it should not face Ontario liability for a publication in Quebec, as the suit was a SLAPP and the Quebec law explicitly provided to dismiss these. The court denied the request, ruling it had jurisdiction.<ref>{{Lexum-scc|2012|18}}</ref> A separate 2011 decision in Quebec Superior Court had ruled that [[Barrick Gold]] had to pay $143,000 to the book's three authors and publisher, Les Éditions Écosociété Inc., to prepare their defence in a "seemingly abusive" strategic lawsuit against public participation.<ref name=":1">{{cite web |url=http://www.cautbulletin.ca/en_article.asp?ArticleID=3342 |title=Noir Canada Defamation Lawsuit Settled, Publication of Book Stopped |website=Canadian Association of University Teachers Bulletin |access-date=16 January 2017 |archive-date=30 September 2017 |archive-url=https://web.archive.org/web/20170930174411/https://www.cautbulletin.ca/en_article.asp?ArticleID=3342 }}</ref> Despite the Québec ruling, the book ''Noir Canada'' that documented the relationship between Canadian mining corporations, armed conflict and political actors in Africa was never published as part of a settlement which, according to the authors, was only made for the sole purpose of resolving the three-and-a-half-year legal battle.<ref name=":1" />
 
The Quebec law is substantially different in structure than that of California<ref name=":2">{{cite web |url=http://www.citmedialaw.org/legal-guide/anti-slapp-law-california |title=Anti-SLAPP Law in California |website=Digital Media Law Project |access-date=16 January 2017}}</ref> or other jurisdictions, however, as Quebec's Constitution generally subordinates itself to [[international law]], and as such the [[International Covenant on Civil and Political Rights]] applies. That treaty only permits liability for arbitrary and unlawful speech. The ICCPR has also been cited, in the BC case ''Crookes v. Newton'', as the standard for balancing free speech versus reputation rights. The Supreme Court of Canada in October 2011, ruling in that case, neither reiterated nor rescinded that standard.{{Citation needed|date=August 2024}}
 
===European Union===
On 11 April 2024, the [[European Parliament]] approved an anti-SLAPP directive.<ref>{{Cite web |orig-date=11 April 2024 |title=Directive (EU) 2024/1069 of the European Parliament and of the Council of 11 April 2024 on protecting natural or legal persons who engage in public participation from manifestly unfounded claims or abusive court proceedings ('Strategic lawsuits against public participation') |url=https://eur-lex.europa.eu/eli/dir/2024/1069/oj |access-date=2024-11-08 |website=eur-lex.europa.eu |series=Official Journal L. 2024/1069 |language=en |issn=1977-0677}}</ref> The [[Directive (European Union)|directive]], which is legally binding tool for Member States, comes in addition to the non binding Recommendation (EU) 2022/758 to member states issued by the [[European Commission]] on 27 April 2022.<ref>{{Cite web |date=17 May 2022 |orig-date=17 May 2022 |title=COMMISSION RECOMMENDATION (EU) 2022/758 of 27 April 2022 on protecting journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court proceedings ('Strategic lawsuits against public participation') |url=https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32022H0758&from=EN |access-date=2024-11-08 |website=Official Journal of the European Union |series=L. 138/30 |publisher=European Commission |at=}}</ref> The directive's approval came after long series of drafts, discussions and consultations between the European Commission, European Parliament and the EU member states, initiated by the European Parliament's resolution of 25 November 2020 expressing "its continued deep concern about the state of media freedom within the EU in the context of the abuses and attacks still being perpetrated against journalists and media workers in some Member States because of their work" and called on the European Commission to "establish minimum standards against SLAPP practices across the EU".<ref>{{Cite web |title=EU Parliament to counter lawsuits designed to silence journalists, NGOs |last=Pollet |first=Mathieu |publisher=EURACTIV France|date=13 May 2021|url= https://www.euractiv.com/section/digital/news/eu-parliament-to-counter-lawsuits-designed-to-silence-journalists-ngos/ }}</ref> The directive, due to the limited competences of the European Union, has a limited material scope of application as it only covers civil and commercial matters with a cross-border implications.
 
=== Council of Europe ===
In April 2024, the [[Council of Europe]] has adopted the Recommendation CM/Rec(2024)2,<ref>{{Cite web| title=Recommendation CM/Rec(2024)2 of the Committee of Ministers to member States on countering the use of strategic lawsuits against public participation (SLAPPs) | url=https://rm.coe.int/0900001680af2805 | archive-url=https://web.archive.org/web/20240405183600/https://rm.coe.int/0900001680af2805 | archive-date=2024-04-05}}</ref> which contains a set of non-binding recommendations to Member States. More particularly, it covers criminal and administrative matters, contains a set of indicators to help identifying a SLAPP as such and identifies as a specific types of SLAPPs those ones targeting anonymous public participation calling for an appropriate protection of the anonymous public participants.
 
=== United Kingdom ===
{{See also|Defamation Act 2013}}
The most common used to be a civil suit for [[defamation]], which in the [[English common law]] tradition was a [[tort]]. The [[common law of libel]] dates to the early 17th century and, unlike most English law, is [[reverse onus]], meaning that once someone alleges a statement is libelous, the burden is on the defendant to prove that it is not.
 
As in the European Union there has been increasing anti-SLAPP activism in the UK led by a coalition including [[English PEN]], [[Index on Censorship]], the [[National Union of Journalists]], and [[Amnesty International]].<ref>{{Cite web |last=Wragg |first=P. |date=2024-12-19 |title=SLAPPs in England and Wales: The Issues and the Evidence |url=https://eprints.whiterose.ac.uk/221028/ |access-date=2024-12-19 |website=eprints.whiterose.ac.uk |language=en |doi=10.48785/100/302}}</ref>
 
=== United States ===
 
==== State courts ====
As of 2024, trends have pointed towards defendants receiving more protection from SLAPP suits in the U.S.<ref>{{Cite web |title=*Latest Developments: Recent changes in state anti-SLAPP laws |url=https://www.rcfp.org/anti-slapp-guide/latest-developments/ |access-date=2024-11-21 |website=[[The Reporters Committee for Freedom of the Press]] |language=en-US}}</ref> Thirty-three states, the District of Columbia, and [[Guam]] have enacted statutory protections against SLAPPs as of 2023.<ref name=":3">{{Cite news |title=Anti-SLAPP Statutes: 2023 Report Card |language=en-US |work=Institute for Free Speech |url=https://www.ifs.org/anti-slapp-report/ |access-date=14 December 2023}}</ref> These states are Arizona, Arkansas, California, Colorado, Connecticut,<ref>{{Cite web|url=https://www.wiggin.com/news/wiggin-and-dana-secures-dismissal-of-defamation-suit-under-new-anti-slapp-law/|title=Wiggin and Dana Secures Dismissal of Defamation Suit under New 'Anti-SLAPP' Law|website=Wiggin and Dana LLP|language=en-US|access-date=22 August 2019}}</ref> Delaware, Florida, Georgia, Hawaii, Idaho,<ref>{{Cite news |last=Pfannenstiel |first=Kyle |date=March 10, 2025 |title=Idaho joins states with anti-SLAPP laws, aimed at combatting frivolous lawsuits |url=https://idahocapitalsun.com/briefs/idaho-joins-states-with-anti-slapp-laws-aimed-at-combatting-frivolous-lawsuits/ |access-date=2025-03-17 |newspaper=Idaho Capital Sun |language=en-US}}</ref><ref>{{Cite web |last=Graf |first=Gregory |date=2025-01-16 |title=Idaho Needs Good Faith Anti-SLAPP Legislation |url=https://politicalpotatoes.substack.com/p/idaho-needs-good-faith-anti-slapp |access-date=2025-03-17 |website=Political Potatoes}}</ref> Illinois, Indiana, Kansas, Kentucky,<ref>{{Cite web |last=Adkisson |first=Jay |date=18 April 2022 |title=Kentucky Adopts The Uniform Public Expression Protection Act |url=https://www.forbes.com/sites/jayadkisson/2022/04/18/kentucky-adopts-the-uniform-public-expression-protection-act/?sh=3547fed08404 |access-date=23 November 2022 |website=Forbes}}</ref> Louisiana, Maine, Maryland, Massachusetts,<ref>{{cite news |work=Boston Bar Journal |date=9 July 2014 |access-date=2 June 2016 |title=The Scalpel or the Bludgeon? Twenty Years of Anti-SLAPP in Massachusetts |url=https://bostonbarjournal.com/2014/07/09/the-scalpel-or-the-bludgeon-twenty-years-of-anti-slapp-in-massachusetts/ |first=David A. |last=Kluft}}</ref> Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas,<ref>{{cite news |url=http://www.alpineavalanche.com/news/article_954b7e62-5ba6-11e0-8e92-001cc4c002e0.html |title=Citizen Participation Act takes aim at frivolous lawsuits |newspaper=[[Alpine Avalanche]] |date=31 March 2011 |access-date=10 November 2014 |archive-date=28 February 2021 |archive-url=https://web.archive.org/web/20210228074007/https://www.alpineavalanche.com/news/article_954b7e62-5ba6-11e0-8e92-001cc4c002e0.html }}</ref><ref>{{cite web |url=http://www.lexology.com/library/detail.aspx?g=f032bf80-61c3-42c7-800e-1d94c242c0e1 |title=Texas' Citizen Participation Act gets stronger |website=Lexology.com |date=21 June 2013}}</ref> Utah, Vermont, Virginia,<ref>{{Cite web|url=http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+SB1413ER|title=Bill Tracking – 2017 session > Legislation|website=lis.virginia.gov|access-date=28 September 2017}}</ref> and Washington. Eleven of these states have adopted some version of the Uniform Public Expression Protection Act, a [[uniform act]] of the [[Uniform Law Commission]].<ref>[https://www.uniformlaws.org/committees/community-home?CommunityKey=4f486460-199c-49d7-9fac-05570be1e7b1 Public Expression Protection Act], [[Uniform Law Commission]]</ref> In West Virginia, the courts have adopted protections against SLAPPs. These laws vary in scope and level of protection, while the remaining states lack specific protections.<ref name=":3" /> These protections, however, only apply to suits filed in courts in those states,<ref name=":3" /> and plaintiffs often seek jurisdictions more favorable, including federal courts, that lack the same added protections that many defendants would have received in their state court.
 
For example, in 1992 California enacted Code of Civil Procedure §&nbsp;425.16, a [[statute]] intended to frustrate SLAPPs by providing a quick and inexpensive defense.<ref>{{cite journal |last=Tate |first=Kathryn W. |date=1 April 2000 |title=California's Anti-Slapp Legislation: A Summary of and Commentary on Its Operation and Scope |url=http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=2214&context=llr |journal=[[Loyola of Los Angeles Law Review]] |volume=33 |pages=801–886 |access-date=7 July 2017}}</ref><ref name="ccp_425_16_01" /> It provides for a [[special motion to strike]] that a [[defendant]] can file at the outset of a lawsuit to strike a [[complaint]] when it arises from conduct that falls within the rights of [[petition]] or [[free speech]]. The statute expressly applies to any writing or speech made in connection with an issue under consideration or review by a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, but there is no requirement that the writing or speech be promulgated directly to the official body. It also applies to speech in a public forum about an issue of public interest and to any other petition or speech conduct about an issue of public interest.<ref name=":2" />
 
In February 2025, Greenpeace went on trial against Energy Transfer in North Dakota, where it had been sued by Energy Transfer itself in 2017 claiming " Greenpeace spread misinformation that incited the protests and severely damaged its ability to run its business." Greenpeace considers this lawsuit a SLAPP; importantly ND does not have a law to dismiss lawsuits shown to be SLAPP cases.<ref>{{Cite news |last=Zraick |first=Karen |date=2025-02-24 |title=Greenpeace Goes to Court in $300 Million Suit That Poses Bankruptcy Risk |url=https://www.nytimes.com/2025/02/24/climate/greenpeace-energy-transfer-dakota-access-lawsuit.html |access-date=2025-02-26 |work=The New York Times |language=en-US |issn=0362-4331}}</ref>
 
====Federal law====
In 2010, Obama signed the [[SPEECH Act]] on the closely related issue of [[libel tourism]], offering more protections for suits filed in foreign countries.<ref>{{cite magazine |title=Obama Signs Libel Tourism Law |first=Andrew |last=Albanese |date=12 August 2010 |url=http://www.publishersweekly.com/pw/by-topic/industry-news/publisher-news/article/44148-obama-signs-libel-tourism-law.html |magazine=[[Publishers Weekly]] |access-date=26 June 2012}}</ref><ref>{{Cite news |last1=Harris |first1=Paul |last2=Tran |first2=Mark |date=2010-07-14 |title=US Senate committee moves to curb libel tourism |url=https://www.theguardian.com/world/2010/jul/14/us-senate-legislation-libel-tourism |access-date=2024-11-21 |work=The Guardian |language=en-GB |issn=0261-3077}}</ref>
 
The [[SPEAK FREE Act of 2015]] did not receive a vote after being introduced.<ref>{{Cite web |title=SPEAK FREE Act of 2015 (2015 - H.R. 2304) |url=https://www.govtrack.us/congress/bills/114/hr2304 |access-date=2024-11-21 |website=GovTrack.us |language=en}}</ref>
 
== Notable SLAPPs ==
=== Australia ===
* "[[Gunns 20]]": In the 2005 ''Gunns Limited v Marr & Ors'' case,<ref name="vsc2005_251">{{Cite AustLII|VSC|251|2005}}</ref> [[Gunns]] filed a [[writ]] in the [[Supreme Court of Victoria]] against 20 individuals and organisations, including Senator [[Bob Brown]], for over A$7.8&nbsp;million.<ref name="vsc2006_386">{{Cite AustLII|VSC|386|2006}}</ref> The defendants have become collectively known as the "Gunns 20".<ref>{{Cite news |url=http://www.theage.com.au/news/in-depth/gunns-greenies-and-the-law/2006/08/29/1156617279358.html?page=fullpage#contentSwap1 |title=Gunns, greenies and the law |first=Andrew |last=Darby |newspaper=[[The Age]] |date=29 August 2006 |access-date=10 June 2007}}</ref> Gunns claimed that the defendants sullied its reputation and caused it to lose jobs and profits. The defendants claimed that they are protecting the environment. Opponents and critics of the case have suggested that the writ was filed with the intent to discourage public criticism of the company. Gunns has maintained the position that they were merely trying to prevent parties enjoined to the writ from undertaking unlawful activities that disrupt their business. The statement of claim alleged incidents of assault against forestry workers and vandalism.<ref>{{cite web |url=http://www.abc.net.au/rn/talks/8.30/lawrpt/stories/s1287516.htm |title=The Law Report |website=[[ABC Radio National]] |date=25 January 2005 |archive-url=https://web.archive.org/web/20100201041751/http://www.abc.net.au/rn/talks/8.30/lawrpt/stories/s1287516.htm |archive-date=1 February 2010}}</ref><ref>{{cite news |url=http://www.smh.com.au/news/Opinion/Middleground-views-are-up-against-battleground-tactics/2005/04/06/1112489558868.html |title=Middle ground views are up against battleground tactics |newspaper=[[The Sydney Morning Herald]] |date=7 April 2005}}</ref> At a hearing before the [[Supreme Court of Victoria]], an amended statement of claim lodged by the company and served on defendants on 1 July 2005, was dismissed.<ref name="vsc2005_251" /> However, the judge in the case granted the company leave to lodge a third version of their statement of claim with the court no later than 15 August 2005.<ref name="vsc2005_251" /> The application continued before the court, before being brought to a close on 20 October 2006.<ref name="vsc2006_386" /> In his ruling, Justice [[Bernard Bongiorno]] made an award of costs in favour of the respondents only as far as it covered those costs incurred with striking out the third version of the statement of claim, and costs incurred associated with their application for costs.<ref name="vsc2006_386" /> In November 2006, Gunns dropped the case against Helen Gee, Peter Pullinger and Doctors for Forests. In December 2006, it abandoned the claim against [[Australian Greens|Greens]] MPs Bob Brown and [[Peg Putt]].<ref>{{cite news |url=https://www.abc.net.au/news/2006-12-13/gunns-abandons-legal-action-against-greens-leaders/2153212 |title=Gunns abandons legal action against Greens leaders |date=13 December 2006 |work=[[Australian Broadcasting Corporation|ABC News Online]] |access-date=11 June 2007}}</ref> The other matters were all settled in favour of Gunns following the payment of more than $150,000 in damages or, in some cases, undertakings to the court not to protest at certain locations.{{Citation needed|date=August 2024}}
 
=== Brazil ===
* [[ThyssenKrupp]] Atlantic Steel Company (TKCSA), one of the largest private enterprises in Latin America, sued Brazilian researchers from public universities as UERJ ([[Rio de Janeiro State University]]) and Fiocruz ([[Oswaldo Cruz Foundation]]) for moral damages.<ref>{{cite web |title=Internacional: as motivações em inglês para nomer Vale pior multinacional do mundo |url=http://www.justicanostrilhos.org/nota/882 |website=Justica nos Trilhos |access-date=9 September 2012 |date=11 January 2012 |archive-url=https://web.archive.org/web/20120616101029/http://www.justicanostrilhos.org/nota/882 |archive-date=16 June 2012}}</ref><ref><!-- Misspelling and capitalisation in original: -->{{cite web |author=Nick |title=Thyssen-Krup Steel Company tries to silence EJOLT partner with a slapp suit |url=http://www.ejolt.org/2012/01/urgent-campaign-to-stop-tkcsa-doing-damage/ |access-date=9 September 2012 |website=[[Environmental Justice Organisations, Liabilities and Trade]] |date=9 January 2012}}</ref> First, TKCSA sued research [[Pulmonology|pulmonologist]] Hermano Albuquerque de Castro from Sergio Arouca National School of Public Health (ENSP – Fiocruz). Then TKCSA sued Alexandre Pessoa Dias, research professor of the Joaquim Venâncio Polytechnic School of Health (EPSJV – Fiocruz), and Monica Cristina Lima, a biologist from Pedro Ernesto University Hospital and board member of the Public University Workers Union of Rio de Janeiro State (Sintuperj). The last two lawsuits occurred after the disclosure of the technical report "Evaluation of social, environmental and health impacts caused by the setup and operation of TKCSA in Santa Cruz".{{Citation needed|date=August 2024}}
 
=== Canada ===
* ''Daishowa Inc. v. Friends of the Lubicon'': From 1995 to 1998 a series of judgements (OJ 1536 1995, OJ 1429 1998 (ONGD)) established that defendants, who had accused a global company of engaging in "[[genocide]]", were entitled to recover court costs<ref>{{cite news |url=http://sisis.nativeweb.org/lubicon/nov1098.html |title=Daishowa off hook for Lubicon boycott court costs |newspaper=Record-Gazette |date=10 November 1998 |first=Deb |last=Guerette}}</ref> due to the public interest in the criticism, even if it was rhetorically unjustifiable. This was the first case to establish clearly the SLAPP criteria.{{Citation needed|date=August 2024}}
* ''Fraser v. Saanich (District)'' 1995, [BCJ 3100 BCSC] was held explicitly to be a SLAPP, the first known case to be so described. Justice Singh found plaintiff's conduct to be "reprehensible and deserving of censure", ordering he pay "special costs" (page 48, ''Strategic Lawsuits Against Public Participation: The British Columbia Experience'', RECEIL 19(1) 2010 {{ISSN|0962-8797}}) to compensate.{{Citation needed|date=August 2024}}
* Canadian Prime Minister [[Stephen Harper]] filed a suit against the [[Liberal Party of Canada]], the Official Opposition, after the latter paid for trucks to drive through the streets playing a journalist's tape of Harper admitting he knew of "financial considerations" offered to dying MP [[Chuck Cadman]] before a critical [[House of Commons of Canada]] vote in 2005. This, the Liberals and most commentators and authorities agreed, would be a serious crime if proven. Harper alleged the tape had been altered but a court found no evidence of this. The suit was dropped by [[Michael Ignatieff]] after he replaced [[Stephane Dion]] as Leader of the Opposition, and so was not heard in court, but was transparently a (successful) effort to get the trucks off the streets.<ref>{{cite book |last1=Sheldrick |first1=Byron |title=Blocking Public Participation: The Use of Strategic Litigation to Silence Political Expression |date=25 March 2014 |publisher=Wilfrid Laurier Univ. Press |isbn=978-1-55458-930-2 |pages=71–76 |url=https://books.google.com/books?id=dbNlAwAAQBAJ&pg=PA71 |language=en}}</ref>
* ''Crookes v. Openpolitics.ca'', filed May 2006 [S063287, Supreme Court of BC], and a series of related suits leading to a unanimous October 2011 ruling by the [[Supreme Court of Canada]] in ''Crookes v. Newton'', upheld the rights of online debaters to link freely to third parties without fear of liability for contents at the other end of the link.<ref>{{cite news |url=https://www.thestar.com/news/article/1072362 |newspaper=Toronto Star |first=Tracey |last=Tyler |title=Supreme Court ruling big victory for Internet freedom |date=19 October 2011}}</ref> A number of related rulings had previously established that transient comments on the Internet could not be, in themselves, simply printed and used to prove that "publication" had occurred for purposes of libel and defamation law in Canada. Other elements of the ruling clarified how [[Journalism#Ethics and standards|responsible journalism]] (and therefore the right to protect [[anonymous source]]s), [[qualified privilege]] and [[innocent dissemination]] defenses applied to persons accused of online defamation.{{Citation needed|date=August 2024}}
* In May 2010, [[Youthdale Treatment Centres]] of Toronto, Ontario filed a defamation suit against various former patients, parents of former patients, and other persons, claiming C$5 million in damages.{{Citation needed|date=June 2011}} The lawsuit, filed on 5 May 2010, on behalf of Youthdale by Harvin Pitch and Jennifer Lake of Teplitsky, Colson LLP, claimed that these persons were involved in a conspiracy to, among other things, have Youthdale's licence to operate revoked. Youthdale also claimed their reputation was damaged as a result of various actions by the named defendants, which Youthdale alleged included the creation of websites and blogs containing complaints against Youthdale, including alleged accusations of unlawful administration of psychotropic medications. A notable left-turn for Youthdale occurred in July 2010, when Youthdale became the subject of a [[Toronto Star]] investigation, in which it was found that Youthdale had been admitting children to its Secure Treatment Unit that did not have mental disorders.<ref>{{cite news |last=Zlomislic |first=Diana |url=https://www.thestar.com/News/Investigations/article/832911 |title=Youth lock-ups blasted |newspaper=Toronto Star|date=7 July 2010}}</ref> The case has since been dismissed.{{Citation needed|date=August 2024}}
* In 2011, in ''Robin Scory v. Glen Valley Watersheds Society'', a BC court ruled that "an order for special costs acts as a deterrent to litigants whose purpose is to interfere with the democratic process", and that "Public participation and dissent is an important part of our democratic system."<ref>{{cite web |url=https://www.ecojustice.ca/pressrelease/b-c-developer-ordered-to-pay-for-failed-defamation-suit-against-local-conservation-group/ |title=B.C. developer ordered to pay for failed defamation suit against local conservation group |date=12 October 2011 |website=[[Ecojustice Canada]] |access-date=7 July 2017 |archive-date=24 November 2020 |archive-url=https://web.archive.org/web/20201124174554/https://ecojustice.ca/pressrelease/b-c-developer-ordered-to-pay-for-failed-defamation-suit-against-local-conservation-group/ }}</ref><ref>{{cite web |url=https://www.ecojustice.ca/pressrelease/ecojustice-scores-big-victory-for-the-little-guys/ |title=Ecojustice scores big victory for the little guys |website=Ecojustice Canada |date=26 May 2011 |access-date=7 July 2017 |archive-date=29 November 2020 |archive-url=https://web.archive.org/web/20201129081452/https://ecojustice.ca/pressrelease/ecojustice-scores-big-victory-for-the-little-guys/ }}</ref> However, such awards remained rare.<ref name="WCELJune2010"/>
* In 2012, [[Sino-Forest]] sued Muddy Waters Research for $4 billion for defamation in the [[Ontario Superior Court of Justice]]. Muddy Waters had accused Sino-Forest of fraudulently inflating its assets and earnings, and had claimed the company's shares were essentially worthless.<ref>{{cite news |url=https://blogs.wsj.com/deals/2012/03/30/sino-forest-sues-muddy-waters-for-4-billion/ |date=30 March 2012 |first=David |last=Benoit |title=Sino-Forest Sues Muddy Waters for $4 Billion |newspaper=[[Wall Street Journal]]}}</ref> However, on 10 January 2012, Sino-Forest announced that its historic financial statements and related audit reports should not be relied upon.<ref>{{cite web |title=Settlement Agreement between Staff and David Horsley |url=http://www.osc.gov.on.ca/en/Proceedings_set_20140626_sino-forest.htm |website=Ontario Securities Commission |access-date=18 September 2016 |at=¶ 12 |language=en|date=21 July 2014 }}</ref> Sino-forest also filed for bankruptcy protection. In response to the lawsuit, Muddy Waters stated that Sino's bankruptcy protection filing vindicated its accusations since the company would not require bankruptcy protection if it was really generating close to $2&nbsp;billion in cash flow.<ref name="SF-BBC">{{cite news |url=https://www.bbc.co.uk/news/business-17569840 |date=30 March 2012 |title=Sino-Forest files for bankruptcy protection |work=[[BBC]]}}</ref> Sino-Forest was represented by [[Bennett Jones LLP]].<ref>{{cite news |title=Statement of Claim – Sino-Forest v Muddy Waters |url=https://online.wsj.com/public/resources/documents/SinoForestvMuddyWaters.pdf |access-date=18 September 2016 |newspaper=Wall Street Journal |language=en}}</ref>
* In September 2014, [[Brampton, Ontario]] mayor [[Susan Fennell]] used [[legal threat|threats of legal action]] against fellow councillors, the [[Toronto Star]], the city's integrity commissioner, and auditor [[Deloitte Touche|Deloitte]] to delay a city council meeting which was to discuss a major spending scandal.<ref>{{cite news |url=http://news.nationalpost.com/2014/09/24/everybody-is-suing-everybody-a-guide-to-whos-taking-whom-to-court-in-toronto-right-now/ |title=Everybody is suing everybody: A guide to whom is threatening whom with legal action in Toronto's political scene |newspaper=[[National Post]] |first=Tristin |last=Hopper |date=24 September 2014}}</ref><ref>{{cite news |url=https://www.thestar.com/news/gta/2014/11/06/brampton_mayor_susan_fennell_threatens_to_sue_councillors.html |title=Brampton Mayor Susan Fennell threatens to sue councillors |first=Alex |last=Ballingall |date=6 November 2014 |newspaper=Toronto Star}}</ref> As the parties involved needed an opportunity to seek legal advice, regardless of the merit (or spuriousness) of the claims, this tactic served to defer a key debate which otherwise would have, and should have, taken place before the city's 27 October municipal election.<ref>{{cite news |url=https://www.theglobeandmail.com/news/toronto/brampton-council-puts-off-issue-of-misspending-by-mayor-councillors/article20771709/ |title=Brampton council puts off issue of misspending by mayor, councillors |first=Dakshana |last=Bascaramurty |date=24 September 2014 |newspaper=The Globe and Mail}}</ref>
 
=== France ===
* In 2010 and 2011, a French blogger was summoned twice by the communication company Cometik (NOVA-SEO) over exposing their quick-selling method (also known as one shot method) and suggesting a financial compensation for his first trial.<ref name="cometik_2010_01">{{cite web
|url=http://www.cometik.com/intl/en/
|title=Cometik home page |language=en
|website=Cometik }} (''Warning: on each site, a video is automatically played after the loading of the page''.)</ref> The company's case was dismissed twice, but appealed both times. On 31 March 2011, the company won:
** the censorship of any reference (of its name) on Mathias Poujol-Rost's weblog,
** €2,000 as damages,
** the obligation to publish the judicial decision for 3 months,
** €2,000 as procedural allowance,
** all legal fees for both first and appeal instances.<ref name="cometik_2010_02">{{cite web
|url=http://affaireeo.wordpress.com/?page_id=2387
|title=Publication judiciaire à la demande de la société Cometik |language=fr
|website=Agences Web surprenantes
|date=7 April 2011
|access-date=29 June 2011}}</ref>
 
=== Germany ===
In September 2017, a [[Naturopathy|naturopath]] in Arizona named Colleen Huber filed a defamation lawsuit, preceded by two [[cease and desist]] letters, against [[Britt Marie Hermes]], a naturopathy whistleblower. The lawsuit was filed for Hermes' blog post criticizing Huber for using naturopathic remedies to treat cancer and speculating that Hermes' name was being used without her permission in several registered ___domain names owned by Huber.<ref name="HuberHermes">{{cite web |last1=Bellamy |first1=Jann |title=Cancer quack Colleen Huber sues Britt Hermes over criticism |url=https://sciencebasedmedicine.org/cancer-quack-colleen-huber-sues-britt-hermes-over-criticism/ |website=Science-Based Medicine |date=18 January 2018 |access-date=16 November 2019}}</ref><ref>Devlin, Hannah (27 March 2018) "[https://www.theguardian.com/lifeandstyle/2018/mar/27/naturopath-whistleblower-snake-oil-multi-billion-dollar The naturopath whistleblower: 'It is surprisingly easy to sell snake oil']", ''[[The Guardian]]''. Retrieved 23 June 2020.</ref> The lawsuit was filed in Kiel, Germany where Hermes was residing to pursue her PhD in [[Genome evolution|evolutionary genomics]]. Jann Bellamy of [[Science-Based Medicine]] speculates that this is "due to good old forum shopping for a more plaintiff-friendly jurisdiction" as there are no protections against SLAPP lawsuits in Germany.<ref name="HuberHermes"/> Britt Hermes is a notable [[scientific skeptic]] and the organization [[Australian Skeptics]] set up a fund to help with legal costs on the case. In an interview at [[CSICon]] 2019, Britt Hermes told [[Susan Gerbic]] that she had won her case on 24 May 2019. According to Britt Hermes, "the court ruled that my post is protected speech under Article 5 (1) of the German constitution".<ref>{{cite web |last1=Gerbic |first1=Susan |author-link= Susan Gerbic |title=Catching Up With Britt Hermes – CSICon 2019 |url=https://skepticalinquirer.org/exclusive/catching-up-with-britt-hermes-csicon-2019/ |website=Skeptical Inquirer |access-date=16 November 2019|date=15 July 2019 }}</ref>
 
=== Greece ===
{{See also|Kyriakos Mitsotakis#Wiretapping Scandal}}
In 2022, in the wake of revelations that Greece's [[National Intelligence Service (Greece)]] was spying on the leader of [[PASOK]], the third largest party, [[Nikos Androulakis]], the executive director of NIS, Grigoris Kontoleon, and the Secretary General to prime minister [[Kyriakos Mitsotakis]], Grigoris Dimitriadis (also a close relative of Kyriakos Mitsotakis) resigned from office. Grigoris Dimitriadis filed lawsuits against two journalists who had helped uncover the scandal, Thodoris Chondrogiannos and Nikolas Leontopoulos, demanding 150,000 euros as damages for false publications and the removal of those publications, but also against Thanassis Koukakis, a journalist who during 2021 was spied upon because of his investigations on Greek businessmen.{{Citation needed|date=August 2024}}
 
=== India ===
In 2020, [[Karan Bajaj]], the founder of [[WhiteHat Jr.]], now owned by [[Byju's]], filed a 2.6 million dollar lawsuit against Pradeep Poonia, a [[software engineer]] who publicly accused the company of having a toxic work environment and unethical business practices.<ref name="ectimes2021">{{cite web | title = WhiteHat Jr withdraws defamation suit against vocal critic | website = The Economic Times | url = https://economictimes.indiatimes.com/tech/startups/whitehat-jr-withdraws-defamation-suit-against-vocal-critic/articleshow/82388210.cms | date = 4 May 2021 | access-date = 17 November 2021}}</ref><ref name="mandhani2020">{{cite web | title = Boon for locked down kids or 'marketing hype'? Decoding WhiteHat Jr's legal brawls with critics | last1 = Mandhani | first1 = Apoorva | last2 = Mihindukulasuriya | first2 = Regina | date = 30 November 2020 | url = https://theprint.in/india/boon-for-locked-down-kids-or-marketing-hype-decoding-whitehat-jrs-legal-brawls-with-critics/554008/ | access-date = 17 November 2021 | website = [[ThePrint]]}}</ref><ref name="ectimes2020">{{cite web | title = Whitehat Jr to foray into Brazil, Mexico; create 1 lakh teaching jobs in India in 3 years | url = https://economictimes.indiatimes.com/jobs/whitehat-jr-to-foray-into-brazil-mexico-create-1-lakh-teaching-jobs-in-india-in-3-years/articleshow/79704830.cms | website = The Economic Times | date = 13 December 2020 | access-date = 17 November 2021}}</ref> The [[Delhi High Court]] issued an [[interim order]] requiring Poonia to remove certain tweets from his [[Twitter]] account.<ref name="ectimes2021" /> In 2021, Bajaj rescinded the lawsuit.<ref name="ectimes2021" />
 
=== Israel ===
During 2016, [[Amir Bramly]], who at the time was being investigated and subsequently indicted for an alleged [[Ponzi scheme]],<ref>{{cite web |url=http://www.calcalist.co.il/articles/0,7340,L-3691528,00.html |title=כתב אישום על גניבה, מרמה, זיוף והלבנת הון נגד אמיר ברמלי |trans-title=An indictment for theft, fraud, forgery and money laundering against Amir Bramli |date=26 June 2016 |website=calcalist.co.il |access-date=6 July 2017 |language=he}}</ref> sued for libel [[Tomer Ganon]], a [[Calcalist]] reporter, privately for [[Israeli new shekel|₪]]1&nbsp;million in damages, due to a news item linking him to [[Bar Refaeli]].<ref>{{cite news |url=http://www.timesofisrael.com/supermodel-bar-refaeli-alleges-identity-theft/ |title=Supermodel Bar Refaeli alleges identity theft |newspaper=[[Times of Israel]] |date=14 January 2016 |access-date=6 July 2017}}</ref><ref>{{cite web |url=http://b.walla.co.il/item/3009119 |title=ברמלי תובע מיליון שקל מכתב "כלכליסט": "פרסם ידיעות השזורות דברי השמצה" |trans-title=Bramly sues NIS 1 million from Calcalist: 'Published reports slanderous' |website=[[Walla!]] |date=31 October 2016 |access-date=6 July 2017}}</ref> In addition Bramly sued [[Israeli News Company|Channel-2 News]] and its reporters and managers for ₪5&nbsp;million in damages due to an alleged libel in an in-depth TV news item and interview with the court appointed liquidator of his companies,<ref>{{Cite news |url=http://www.themarker.com/advertising/1.2882234 |title=Amir Bramly opens another front: 'News2 presented me as a crook' |newspaper=[[TheMarker]] |date=14 March 2016}}</ref> and has threatened to sue additional bodies.<ref>{{cite news |url=http://www.globes.co.il/news/article.aspx?fbdid=1001085041 |title=ברמלי מתכוון להגיש שורת תביעות לשון הרע נגד "מכפישיו" |trans-title=Bramly intends to file a series of libel claims against his detractors |newspaper=[[Globes (newspaper)|Globes]] |date=1 December 2015 |access-date=6 July 2017}}</ref> The sued individuals and bodies have claimed that these are SLAPP actions.<ref>{{cite web |url=http://b.walla.co.il/item/3025994 |title=כתב כלכליסט משיב לברמלי: "תביעת השתקה כוחנית ובריונית" |trans-title=Calcalist responds to Bramly: 'Demand for aggressive and brutal silencing' |website=Walla! |date=26 December 2016 |access-date=6 July 2017}}</ref><ref>{{cite web |url=http://b.walla.co.il/item/2965051 |title="תביעתו של ברמלי – ניסיון פסול להסיט את תשומת הלב מהחשדות נגדו" – וואלה! ברנז'ה |trans-title=Channel2 News: 'Bramly's lawsuit is misguided attempt to divert attention from the suspicions against him' |website=Walla! |date=26 May 2016 |access-date=6 July 2017}}</ref>
 
=== Japan ===
In 2006, [[Oricon]] Inc., Japan's music chart provider, sued freelance journalist Hiro Ugaya due to his suggesting in an article for business and culture magazine ''{{Interlanguage link|Cyzo|ja|3=サイゾー}}'' that the company was fiddling its statistics to benefit certain management companies and labels, specifically [[Johnny and Associates]]. The company sought [[Japanese yen|¥]]50&nbsp;million and apology from him.<ref name="OriconVSUgaya">{{cite news
|url=http://www.japantimes.co.jp/text/nn20070208f2.html
|date=8 February 2007
|title=Oricon Sues Over Interviewee's Comment, Libel suit attacks free speech: defendant
|first=Eric |last=Prideaux
|newspaper=[[The Japan Times]]}}</ref> He found allies in the magazine's editor-in-chief Tadashi Ibi,<ref name="OriconVSUgaya" /> lawyer Kentaro Shirosaki,<ref name="OriconVSUgaya" /> and [[Reporters Without Borders|Reporters Sans Frontières (RSF)]].<ref name="RSFUgaya">{{cite web
|url=http://en.rsf.org/japan-abandonment-of-the-claim-against-a-06-08-2009,34102.html
|date=6 August 2009
|title=Abandonment of the Claim Against a Japanese Journalist
|website=[[Reporters Without Borders|Reporters Sans Frontières (RSF)]]
|access-date=2 November 2015
|archive-date=20 March 2016
|archive-url=https://web.archive.org/web/20160320133943/https://en.rsf.org/japan-abandonment-of-the-claim-against-a-06-08-2009,34102.html
}}</ref>
 
He was found guilty in 2008 by the [[Tokyo District Court]] and ordered to pay one million [[Japanese yen|yen]], but he appealed and won. Oricon did not appeal later. His 33-month struggle against Oricon and his research on SLAPPs through his self-expense trip in the United States was featured on the [[Tokyo Broadcasting System|TBS]] program [[Japan News Network|''JNN'']] ''Reportage'', titled as "Legal Intimidation Against Free Speech: What is SLAPP?"<ref>"JNN Reportage – Legal Intimidation Against Free Speech: What is SLAPP?" [https://www.youtube.com/watch?v=NciG6PbVjqk Part 1] [https://www.youtube.com/watch?v=z37fAf9j128 Part 2] [https://www.youtube.com/watch?v=j1ykOmJlLNE Part 3] Created by Hiroyuki Akiyama. Copyright [[Tokyo Broadcasting System Television]], Inc.</ref>
 
RSF expressed its support to the journalist and was relieved on the abandonment of the suit.<ref name="RSFUgaya" />
 
===Mexico===
The [[Committee to Protect Journalists]] noted that [[vexatious litigation]] by politicians against journalists increased following a 2016 resolution in Mexico City, drawing comparisons to SLAPP suits. Between 2020 and 2025, 158 journalists faced [[libel]] lawsuits.<ref>{{cite web|url=https://cpj.org/2025/05/female-politicians-use-meritless-lawsuits-to-censor-journalists-in-mexico-lawyer-says/|title=Female politicians use meritless lawsuits to censor journalists in Mexico, lawyer says|date=29 May 2025|___location=Mexico City|website=[[Committee to Protect Journalists]]|access-date=23 June 2025}}</ref>
 
=== Norway ===
On 17 May 2018, a non-profit project [[rettspraksis.no]] challenged a perceived monopoly on the publication of pre-2009 [[Supreme Court of Norway]] decisions by publishing a large back catalogue of historical decisions. To prevent publication, the government-established [[Lovdata]] foundation demanded an immediate injunction against two project volunteers, [[Håkon Wium Lie]] and [[Fredrik Ljone]], that the website be shut down. The foundation claimed that rettspraksis.no had "developed or used software to systematically download rulings from Lovdatas online services"<ref>Oslo District Court decision on 1 Juni 2018 in the matter TOBYF-2018-83936</ref> in order to publish the rulings in violation of Lovdata's rights according to the Norwegian Copyright Act section 43, the Database Rights Section. The District Court granted the injunction without a hearing based on finding that the volunteer actions was in violation of section 43, and that the publication on rettspraksis.no would enable other commercial actors to exploit the material in violation of Lovdata's rights even if the project itself did not.<ref>{{cite news
|url=https://www.techdirt.com/articles/20180615/00411540044/norwegian-court-orders-website-public-___domain-court-decisions-shut-down-with-no-due-process.shtml
|date=18 June 2018
|title=Norwegian Court Orders Website Of Public Domain Court Decisions Shut Down With No Due Process
|newspaper=[[Techdirt]]}}</ref> A postjudgement hearing on 30 and 31 August 2018 resulted in a reduction in the injunction's effects, most significantly that the Database Rights Section did not extend to rulings published before 2005. Appeals from Ljone and Wium Lie to the Appeals Court and the Supreme Court were denied.<ref>Supreme Court of Norway decision on 11 September 2019 in the matter HR-2019-1725-A. [https://www.domstol.no/no/hoyesterett/avgjorelser/2019/hoyesterett-sivil/hr-2019-1725-a/]. Accessed 21 October 2022.</ref>
 
=== Serbia ===
 
In the late 1990s, many SLAPP cases against independent and pro-opposition media ensued after [[Propaganda during the Yugoslav Wars|adoption of the infamous media law]], proposed by then minister of information, [[Aleksandar Vučić]].<ref name="N1Serbia">{{Cite web|url=https://n1info.rs/vesti/slap-tuzbe-protiv-medija-koji-nisu-po-volji-bilo-nekad-sad-se-ponavlja/|title="Slap tužbe" protiv medija koji nisu po volji - bilo nekad, sad se ponavlja|first=Mladen|last=Savatović|date=21 April 2021|website=N1}}</ref> The main characteristic of these cases were quick trials and extremely high fines, most of which were unaffordable for journalists and their media houses.<ref name="N1Serbia" />
While SLAPP cases became, more or less, rare after the [[Overthrow of Slobodan Milošević]], they gradually reappeared in the late 2010s, and especially in the early 2020s, during [[Serbian Progressive Party|SNS]]-led cabinets.<ref name="N1Serbia" /> Notably, Aleksandar Vučić is current [[president of Serbia]], the most influential figure of the regime, and he is often accused of suppression of media freedoms.<ref>{{Cite web|url=https://europeanwesternbalkans.com/2020/05/05/serbias-fall-on-media-freedom-list-if-it-continues-like-this-there-will-no-longer-be-anything-to-measure/|title=Serbia's fall on media freedom list: "If it continues like this, there will no longer be anything to measure"|date=5 May 2020}}</ref>
 
=== Sweden ===
In 2020 the Swedish businessman Svante Kumlin domiciled in Monaco sued the on-line magazine Realtid, its editor-in-chief, Camilla Jonsson, and the reporters, Per Agerman and Annelie Östlund of defamation for publishing false information, and breaching a non-disclosure agreement in the United Kingdom.<ref>{{Cite web |title=Realtid |url=https://antislapp.uk/project/realtid/ |access-date=2025-08-05 |website=UK Anti-Slapp Coalition |language=en-US}}</ref> The legal action was strongly condemned by press freedom organizations.<ref>{{Cite web |date=2020-12-08 |title=SLAPP lawsuit suing Swedish online magazine Realtid filed in London |url=https://www.article19.org/resources/slapp-realtid-in-london/ |access-date=2025-08-05 |website=ARTICLE 19 |language=en-US}}</ref> Most of the businessman's libel claims were thrown out.<ref>{{Cite web |title=Judge throws out most of Swedish businessman’s libel claim in England |url=https://londondaily.com/judge-throws-out-most-of-swedish-businessman-s-libel-claim-in-england |access-date=2025-08-05 |website=London Daily |language=en}}</ref> The case was eventually settled by the journal publishing an apology for three of its articles, which [[Reporters Without Borders]] (RSF) fears negatively impacts media freedom and urged the Swedish authorities to take new measures against SLAPP.<ref>{{Cite journal |last=Kavaliauskaitė |first=Justė |date=2024-09-16 |title=Strategic Lawsuits Against Public Participation (SLAPP) |url=https://doi.org/10.15388/teise.2024.132.7 |journal=Teisė |volume=132 |pages=94–106 |doi=10.15388/teise.2024.132.7 |issn=2424-6050|doi-access=free }}</ref> In 2024 American investor Peter Batesko sues entrepreneur [[Mikael Kubista]], his co-founders and their lawyer Per Karlsson,<ref>{{Cite web |last=Johansson |first=Joakim K. E. |date=2025-02-19 |title=Riskkapitalisten tog hans företag: "Isolerad, hotad och stämd" |url=https://www.realtid.se/juridik/riskkapitalisten-tog-hans-foretag-isolerad-hotad-och-stamd/ |access-date=2025-08-05 |website=Realtid |language=sv-SE}}</ref> after having invested in the company Kubista co-founded and revoked the founders ownership without compensation.<ref>{{Cite web |date=2025-08-05 |title=Failed to read the fine print – lost his life’s work |url=https://www.lifesciencesweden.se/article/view/1078692/failed_to_read_the_fine_print_lost_his_lifes_work |access-date=2025-08-05 |website=Life Science Sweden}}</ref> In response to the Directive (EU) 2024/1069 of the [[European Parliament]] and of the Council of 11 April 2024 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (‘Strategic lawsuits against public participation’),<ref>{{Cite web |title=Directive - EU - 2024/1069 - EN - EUR-Lex |url=https://eur-lex.europa.eu/eli/dir/2024/1069/oj/eng |access-date=2025-08-05 |website=eur-lex.europa.eu |language=en}}</ref> the Swedish Department of Justice has initiated the process how this shall be handled according to Swedish law.<ref>{{Cite web |last=Regeringskansliet |first=Regeringen och |date=2025-02-13 |title=Genomförande av direktivet om skydd för personer som deltar i den offentliga debatten |url=https://www.regeringen.se/rattsliga-dokument/departementsserien-och-promemorior/2025/02/ds-20255/ |access-date=2025-08-05 |website=Regeringskansliet |language=sv}}</ref> A promemoria has been sent out for commenting and responses are available.<ref>{{Cite web |last=Regeringskansliet |first=Regeringen och |date=2025-02-13 |title=Remiss av promemorian Genomförande av direktivet om skydd för personer som deltar i den offentliga debatten (Ds 2025:5) |url=https://www.regeringen.se/remisser/2025/02/remiss-av-genomforande-av-direktivet-om-skydd-for-personer-som-deltar-i-den-offentliga-debatten-ds-20255/ |access-date=2025-08-05 |website=Regeringskansliet |language=sv}}</ref>
 
=== Thailand ===
On 6 March 2024, Chutima Sidasathian won a SLAPP suit against Thanonthorn Kaveekitrattana, after facing defamation charges for a 2022 post exposing misappropriation of funds from the Village Fund program.<ref>{{Cite news |author=Bangkok Post Public Company |title=Journalist prevails in another 'Slapp' case |url=https://www.bangkokpost.com/thailand/general/2754188/journalist-prevails-in-another-slapp-case |access-date=2024-03-28 |work=Bangkok Post |date=6 March 2024 |language=en}}</ref><ref>{{Cite web |title=Thailand: Judicial harassment against community rights and anti-corruption activist Chutima Sidasathian |url=https://www.fidh.org/en/issues/human-rights-defenders/thailand-judicial-harassment-against-community-rights-and-anti |access-date=2024-03-28 |website=International Federation for Human Rights |language=en}}</ref>
 
===United Kingdom===
A 2021 libel action brought against the publisher [[HarperCollins]] and the author and journalist [[Catherine Belton]] over the latter's book ''[[Putin's People]]'' was described by former Conservative cabinet minister [[David Davis (British politician)|David Davis]] as a SLAPP.<ref name= "Press Gazette">{{cite news| last= Tobitt| first= Charlotte| title= SLAPP down: David Davis says Putin's People libel case cost ex-FT journalist £1.5m| url= https://pressgazette.co.uk/slapps-threat-press-freedom-lawfare-david-davis/ | date= 24 January 2022| work= [[Press Gazette]]}}</ref> Despite winning the legal case brought by several Russian oligarchs, including [[Roman Abramovich]], Belton was left facing legal costs of £1.5 million.<ref name= "Press Gazette"/> UK Government justice minister [[James Cartlidge]] said, "the Ministry of Justice is monitoring SLAPP threats against journalists and announced that the UK will be a member of the Council of Europe's inaugural working group on SLAPPs with an anti-SLAPP draft recommendation for member states due in December 2023. I will be giving SLAPPs in UK courts urgent consideration. I want to make it clear that the Government are committed to a robust defence of transparency and freedom of speech. We will not tolerate anything that risks tarnishing the integrity of our judicial and legal profession".<ref name= "Press Gazette"/>
 
Ministers later said that they would reform the legal system to prevent "intimidation lawsuits"; amendments to this effect were proposed for an anti-corruption economic crime bill before Parliament in March 2022.<ref>{{Cite news |title=Move to add free speech protections to UK anti-corruption bill |last=Pegg |first=Simon |newspaper=The Guardian |date=4 March 2022 |url= https://www.theguardian.com/world/2022/mar/04/free-speech-protections-uk-anti-corruption-bill-economic-crime-oligarchs-intimidation-lawsuits}}</ref> In October 2023, royal assent was given to the [[Economic Crime and Corporate Transparency Act 2023]]. The final Act includes anti-SLAPP provisions covering economic crimes (e.g. corruption, embezzlement), but does not venture beyond those areas.
 
In February 2024, the Conservative government under Rishi Sunak supported legislation to extend anti-SLAPP protections in all cases whatsoever, but this was not passed before the 4 July 2024 election ended Sunak's government.<ref>{{Cite news |title=Government backs bill to end intimidatory SLAPPs lawsuits stifling free speech |date=23 February 2024 |url=https://www.gov.uk/government/news/government-backs-bill-to-end-intimidatory-slapps-lawsuits-stifling-free-speech}}</ref>
 
=== United States ===
* From 1981 to 1986, [[Pacific Legal Foundation]] (PLF) and [[San Luis Obispo County, California]], filed a suit attempting to obtain the mailing list of the [[Abalone Alliance]] to get the group to pay for the police costs of the largest [[anti-nuclear]] [[civil disobedience|civil-disobedience]] act in U.S. history at the [[Diablo Canyon Power Plant]].<ref>{{cite web |last1=Turner |first1=Wallace |title=NUCLEAR PROTEST LEADS TO LAWSUIT |url=https://www.nytimes.com/1982/02/14/us/nuclear-protest-leads-to-lawsuit.html |website=The New York Times |access-date=18 November 2022 |date=14 February 1982}}</ref> The September 1981 demonstration involved tens of thousands of people.<ref>{{cite web |title=Abalone Alliance campaigns against Diablo Canyon Nuclear Plant, California, 1976-1984 |url=https://nvdatabase.swarthmore.edu/content/abalone-alliance-campaigns-against-diablo-canyon-nuclear-plant-california-1976-1984 |website=Global Nonviolent Action Database |publisher=Swarthmore College |access-date=18 November 2022}}</ref> The County was dismissed from the case by the trial judge, and lost on appeal for recovery of police costs (including in part because such costs are intended to be covered by taxes).<ref>{{cite web |title=County of San Luis Obispo v. Abalone Alliance (1986) |url=https://law.justia.com/cases/california/court-of-appeal/3d/178/848.html |website=Justia |access-date=18 November 2022 |date=13 March 1986}}</ref> In 1985, the Supreme Court of California declined to block a lower court ruling that allowed PLF to sue "leaders of the demonstration [for] costs associated with the protest", which defendants said was an attempt to chill dissent.<ref>{{cite web |last1=Morain |first1=Dan |title=Court Upholds Client's Right to Sue Lawyer |url=https://www.latimes.com/archives/la-xpm-1985-03-29-mn-20371-story.html |website=Los Angeles Times |access-date=18 November 2022 |date=29 March 1985}}</ref> Pacific Legal Foundation lost at every court level and withdrew the suit the day before it was due to be heard by the [[U.S. Supreme Court]].{{citation needed|date=June 2011}}{{Original research inline|date=May 2025}}
* Karen Winner, the author of ''Divorced From Justice'', is recognized as "[the] catalyst for the changes that we adopted", said [[Leo Milonas]], a retired justice with the [[New York Supreme Court, Appellate Division|Appellate Division]] of the [[New York state courts]] who chaired a special commission that recommended the changes adopted by Chief Judge [[Judith Kaye]].<ref name="winner_01">{{cite book
|first=Karen
|last=Winner
|title=Divorced from Justice: The Abuse of Women and Children by Divorce Lawyers and Judges
|publisher=ReganBooks/Harper Collins
|year=1996
|isbn=978-0-06-039184-3
|url=https://archive.org/details/divorcedfromjust00winn
}}</ref><ref>{{cite news
|url=http://www.geocities.com/promanowsky/firestorm.html&date=2009-10-26+01:03:08
|title=The spark behind the court firestorm
|first=Guy |last=Ashley
|newspaper=[[Marin Independent Journal]]
|archive-url=https://web.archive.org/web/20091022160050/http://geocities.com/promanowsky/firestorm.html
|archive-date=22 October 2009}}</ref> (The NY state court report's committee cited a previous New York City Commissioner of Consumer Protection report as a "major" reason for its study. Karen Winner was the author of the earlier study.<ref>{{cite web |last1=Barron |first1=James |title=Divorce Lawyers Criticized By Consumer Affairs Chief |url=https://www.nytimes.com/1992/03/13/nyregion/divorce-lawyers-criticized-by-consumer-affairs-chief.html |website=The New York Times |access-date=19 November 2022 |date=13 March 1992}}</ref><ref>{{cite web |last1=Dao |first1=James |title=DIVORCE LAWYERS ASSAILED IN STUDY BY ALBANY PANEL |url=https://www.nytimes.com/1993/05/05/nyregion/divorce-lawyers-assailed-in-study-by-albany-panel.html |website=The New York Times |access-date=19 November 2022 |date=5 May 1993}}</ref><ref>{{cite book |last1=Winner |first1=Karen |title=Women in divorce: lawyers, ethics, fees & fairness: a study |date=March 1992 |publisher=City of New York Dept. of Consumer Affairs |___location=New York, NY |url=https://www.worldcat.org/title/25739725 |access-date=19 November 2022}}</ref>) But in 1999, Winner, along with a psychologist/whistleblower, and several citizens were SLAPPed for criticizing the [[Legal guardian#United States|guardian ad litem]] system and a former judge in South Carolina. Winner's report, "Findings on Judicial Practices & Court-appointed Personnel in the Family Courts in Dorchester, Charleston & Berkeley Counties, South Carolina" and citizen demonstrations led to the first laws in South Carolina to establish minimum standards and licensing requirements for guardians ad litem, who represent the interests of children in court cases.<ref>William J. Cook, "Final Reply Brief of Appellant/Respondent Ernie Weaver in the Charleston County case", 2001-CP-10-2967.</ref> The retaliatory SLAPPs have been dragging on for nearly 10 years, with judgments totaling more than $11&nbsp;million against the co-defendants collectively. Reflecting the retaliatory nature of these suits, at least one of the co-defendants is still waiting to find out from the judges which particular statements, if any, he made were false.<ref>Final Reply Brief of Appellant/Respondent Ernie Weaver in the Charleston County case, 2001-CP-10-2967.</ref>
* [[Barbra Streisand]], as plaintiff, lost a 2003 SLAPP motion after she sued an aerial photographer involved in the [[California Coastal Records Project]]. ''[[Streisand v. Adelman]]'', (California Superior Court Case SC077257)<ref name="barbra_streisand_sues_to_suppress_free_speech_protection_for_widely_acclaimed_website_01_etc">{{cite web
|url=http://www.californiacoastline.org/streisand/lawsuit.html
|title=Streisand Sues to Suppress Free Speech Protection (and additional items)
|website=California Coastline.org
|publisher=Kenneth Adelman}}</ref><ref>{{cite web
|url=http://www.mindfully.org/Reform/2003/Barbra-Streisand-Coastal3dec03.htm
|title=Streisand's Lawsuit to Silence Coastal Website Dismissed
|website=Mindfully.org
|publisher=Kenneth Adelman
|archive-url=https://web.archive.org/web/20041221023249/http://www.mindfully.org/Reform/2003/Barbra-Streisand-Coastal3dec03.htm
|archive-date=21 December 2004}}</ref> See [[Streisand effect]].
* In 2004, [[RadioShack]] Corporation sued Bradley D. Jones, the webmaster of RadioShackSucks.com and a former RadioShack dealer for 17 years, in an attempt to suppress online discussion of a [[class action]] lawsuit in which more than 3,300 current or former RadioShack managers were alleging the company required them to work long hours without overtime pay.<ref>{{cite news |url=http://archive.fwweekly.com/content.asp?article=1531 |archive-url=https://web.archive.org/web/20141129221115/http://archive.fwweekly.com/content.asp?article=1531 |archive-date=29 November 2014 |title=Metropolis: Suing to Silence? |date=28 January 2004 |first=Dan |last=Malone |newspaper=[[Fort Worth Weekly]] |access-date=16 January 2017}}</ref>
* Nationally syndicated talk radio host [[Tom Martino]] prevailed in an anti-SLAPP motion in 2009 after he was sued for libel by a watercraft retailer. The case received national attention for its suggestion that [[Reasonable person|no one reasonably expects]] objective facts from a typical talk show host, who is often a comedian telling jokes.<ref name="tom_martino_01">{{cite news
|url=http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/04/25/BA4B178L0N.DTL
|title=What Do You Expect? It's Talk Radio, Court Says
|first=Bob |last=Egelko |website=[[SFGate]]
|date=25 April 2009
|publisher=Hearst Communications}}</ref><ref>{{cite web
|url=http://www.metnews.com/articles/2009/gra042709.htm
|title=Court: Radio Talk Show Host's Statements Not Actionable: Panel Concludes Reasonable Listeners Would Consider Comments Opinion
|first=Sherri M. |last=Okamoto
|date=27 April 2009
|newspaper=[[Metropolitan News-Enterprise]]}}</ref><ref>{{cite web
|url=http://www.ca9.uscourts.gov/datastore/opinions/2009/04/23/0635437.pdf
|title=Appeal from the United States District Court for the District of Oregon: Gardner v. Martino
|last1=
|date=7 July 2008
|website=United States Court of Appeals for the Ninth Circuit
|access-date=30 June 2011 }}</ref>
* In March 2009, [[MagicJack]] (a company that promotes a USB VoIP device) filed a defamation suit against [[Boing Boing]] for exposing their unfair and deceptive business tactics regarding their [[EULA]], visitor counter, and 30-day trial period. This was dismissed as a SLAPP by a California judge in late 2009. In the resulting ruling, MagicJack was made responsible for most of Boing Boing's legal costs.<ref name="magic_jack_boing_boing">{{cite web
|url=http://www.boingboing.net/2010/02/23/magicjack-legal-docu.html
|title=MagicJack Legal Documents
|date=23 February 2010
|first=Rob |last=Beschizza
|website=BoingBoing
|access-date=30 June 2011}}</ref>
* In the 2009 case ''Comins vs. VanVoorhis'', a Florida man named Christopher Comins filed a defamation suit against a University of Florida graduate student after the student blogged about a video of Comins repeatedly shooting someone's pet dogs. This was cited as an example of a SLAPP by the radio show ''[[On the Media]]''.<ref name="onthemedia_01" />
* In November 2010, filmmaker Fredrik Gertten, as defendant, won an anti-SLAPP motion after he was sued for defamation by Dole Fruit Company. The case concerned Gertten's documentary film about farm workers. The lengthy lawsuit was documented in Gertten's film ''[[Big Boys Gone Bananas!*]]''.<ref>{{cite web |url=http://www.bananasthemovie.com/wp-content/uploads/resources/slapp_ruling_nov17_10.pdf |title=Dole Fruit Company Inc. v. Fredrik Gertten et.al., Superior Court of California, County of Los Angeles |date=17 November 2010 |website=bananasthemovie.com}}</ref>
* "[[Scientology versus the Internet]]" refers to a number of disputes relating to the Church of Scientology's efforts to suppress material critical of Scientology on the Internet through the use of lawsuits and legal threats.{{Citation needed|date=May 2025}}
* ''Saltsman v. Goddard'' (the [[Steubenville High School rape case]]): In an effort to stop blogger [[Alexandria Goddard]]'s website from allowing allegedly defamatory posts about their son, two parents of a teenaged boy from [[Steubenville, Ohio]] sued Goddard and a dozen anonymous posters in October 2012.<ref>{{cite web |url=http://randazza.wordpress.com/2012/12/02/steubenville-ohio-gang-rape-defamation-suit-against-anonymous-defendants/ |website=The Legal Satyricon |title=Steubenville, Ohio: Gang Rape + SLAPP Suit |date=3 December 2012 |access-date=21 March 2013}}</ref> The lawsuit asked for an [[injunction]] against the blogger, a public apology, acknowledgement that he was not involved in the rape, and $25,000 in damages.<ref>{{cite news |url=http://www.hsconnect.com/page/content.detail/id/579636/Suit-filed-against-site-operator.html?nav=5010 |newspaper=[[Herald-Star]] |title=Suit filed against site operator |last=Law |first=Mark |date=31 October 2012 |access-date=21 March 2013 |archive-date=4 May 2014 |archive-url=https://web.archive.org/web/20140504121019/http://www.hsconnect.com/page/content.detail/id/579636/Suit-filed-against-site-operator.html?nav=5010 }}</ref>
* On 27 August 2012, [[Robert E. Murray]] and [[Murray Energy]] filed a lawsuit against environment reporter Ken Ward Jr. and the ''[[Charleston Gazette-Mail]]'' of [[Charleston, West Virginia]]. The lawsuit alleged Ken Ward Jr. posted libelous statements on his blog. Murray claims the blog post entitled "Mitt Romney, Murray Energy and Coal Criminals" has damaged his business, reputation, and has jeopardized the jobs Murray Energy provides in [[Belmont County, Ohio]]. In June 2017, Murray Energy issued a cease and desist letter to the [[HBO]] television show ''[[Last Week Tonight with John Oliver]]'' following the show's attempt to obtain comment about the coal industry. The show went ahead with the episode (18 June), in which host [[John Oliver]] discussed the [[Crandall Canyon Mine]] collapse in Utah in 2007, and expressed the opinion that Murray did not do enough to protect his miners' safety. Three days later, Murray and his companies brought suit against Oliver, the show's writers, HBO, and [[Time Warner]]. The lawsuit alleged that, in the ''Last Week Tonight'' show, Oliver "incited viewers to do harm to Mr. Murray and his companies". The [[ACLU]] filed an amicus brief in support of HBO in the case; the brief has been described as "hilarious"<ref>{{Cite news |last=Bradley |first=Laura |date=2 August 2017 |title=A.C.L.U. Defends John Oliver from Stupid Lawsuit in Hilarious Amicus Brief |url=https://www.vanityfair.com/hollywood/2017/08/john-oliver-bob-murray-aclu-west-virginia-amicus-brief |access-date=7 September 2021 |work=[[Vanity Fair (magazine)|Vanity Fair]]}}</ref> and the "snarkiest legal brief ever".<ref>{{Cite news |last=Luperon |first=Alberto |date=1 August 2017 |title=ACLU Files Snarkiest Legal Brief Ever Defending John Oliver |url=https://lawandcrime.com/celebrity/aclu-files-snarkiest-legal-brief-ever-defending-john-oliver/ |access-date=7 September 2021 |work=[[Law and Crime]]}}</ref> The brief also included a comparison of Murray with the fictional character [[Dr. Evil]] that was used in the Oliver show, with the explanation that "it should be remembered that truth is an absolute defense to a claim of defamation". On 11 August 2017, a federal district court judge ruled that Murray Energy suits against ''[[The New York Times]]'' and HBO could each proceed in a lower state court. The suit against HBO was dismissed with prejudice on 21 February 2018. In November 2019, John Oliver discussed the implications of the lawsuit (and of SLAPP suits in general) on his [[SLAPP Suits (Last Week Tonight)|show]] after Murray dropped the suit.<ref>{{cite news |last=Oliver |first=John |date=10 November 2019 |title=SLAPP Suits |url=https://www.youtube.com/watch?v=UN8bJb8biZU |url-status=live |archive-url=https://ghostarchive.org/varchive/youtube/20211211/UN8bJb8biZU |archive-date=2021-12-11 |access-date=11 November 2019 |newspaper=[[Last Week Tonight with John Oliver]]}}{{cbignore}}</ref>
* In August 2015, the State Fair of Texas was sanctioned more than $75,000 for filing a SLAPP suit against a lawyer who had requested financial documents from the State Fair.<ref>{{cite news |url=http://cityhallblog.dallasnews.com/2015/08/judge-says-the-state-fair-of-texas-slaap-ed-attorney-who-wants-to-see-big-texs-checkbook.html |title=Judge sanctions State Fair of Texas after it sued lawyer who wants to see Big Tex's checkbook |first=Robert |last=Wilonsky |date=14 August 2015 |newspaper=[[The Dallas Morning News]] |access-date=16 January 2017 |archive-date=7 September 2016 |archive-url=https://web.archive.org/web/20160907091906/http://cityhallblog.dallasnews.com/2015/08/judge-says-the-state-fair-of-texas-slaap-ed-attorney-who-wants-to-see-big-texs-checkbook.html/ }}</ref>
{{external media
|headerimage=[[File:Last Week Tonight.svg|alt=Last Week Tonight with John Oliver logo|x200px]]
|video1={{YouTube|id=UN8bJb8biZU|title=SLAPP Suits: Last Week Tonight with John Oliver (HBO)}}
}}
*In March 2019, Republican [[US Representative]] for California, [[Devin Nunes]] filed a defamation lawsuit against Twitter, [[Liz Mair|Elizabeth "Liz" Mair]], Mair Strategies LLC, and the people behind the parody Twitter accounts "Devin Nunes' Cow" (@DevinCow) and "Devin Nunes' Mom" (@DevinNunesMom), seeking $250&nbsp;million in damages. The lawsuit has been described by legal experts as a SLAPP.<ref name=":0">{{Cite news|last=Jouvenal|first=Justin|url=https://www.washingtonpost.com/local/legal-issues/devin-nunes-johnny-depp-lawsuits-seen-as-threats-to-free-speech-and-press/2019/12/22/eef43bc8-1788-11ea-a659-7d69641c6ff7_story.html|title=Devin Nunes, Johnny Depp lawsuits seen as threats to free speech and press|date=22 December 2019|newspaper=The Washington Post|access-date=25 February 2020}}</ref><ref>{{Cite web|url=https://abovethelaw.com/2019/12/devin-nunes-virginia-slapp-suits-causing-virginia-legislators-to-consider-a-new-anti-slapp-law/|title=Devin Nunes' Virginia SLAPP Suits Causing Virginia Legislators To Consider A New Anti-SLAPP Law|last=Techdirt|date=6 December 2019|website=Above the Law|access-date=25 February 2020}}</ref> The suit was filed in Virginia, a state known to have weak anti-SLAPP laws, rather than in California, where Nunes lives and where Twitter is headquartered, which has strong anti-SLAPP laws.<ref name=":0" /> In April 2019, Nunes filed, again in Virginia, a defamation suit against [[The Fresno Bee]], his hometown newspaper, and its owner, [[McClatchy]], after it published a story about investors in his winery partying on a yacht with cocaine and prostitutes.<ref name=":0" /> Nunes has since filed defamation lawsuits against [[CNN]], [[Ryan Lizza]], [[Hearst Communications|Hearst Magazines]], [[Campaign for Accountability]], [[Fusion GPS]], and others.<ref name=":5">{{Cite web|url=https://www.cnn.com/2019/12/03/politics/nunes-lawsuit-defamation-cnn-ukraine/index.html|title=Nunes disputes claim that he met with former Ukrainian prosecutor to get dirt on Bidens|author=Vicky Ward and Katelyn Polantz|website=CNN|date=4 December 2019|access-date=6 December 2019}}</ref><ref>{{Cite news|last=Irby|first=Kate|url=https://www.fresnobee.com/news/local/article235667107.html|title=Another Devin Nunes lawsuit: Congressman sues magazine over story about family's Iowa farm|date=1 October 2019|work=The Fresno Bee|access-date=25 February 2020}}</ref> In February 2020 (following the [[2019 Virginia elections|2019 elections]] in which Democrats took control of both chambers for the first time since 1994), the [[Virginia General Assembly]] passed bills intended to discourage future SLAPPs in the state by strengthening defendant protections.<ref>{{Cite news|last=Jouvenal|first=Justin|url=https://www.washingtonpost.com/local/public-safety/va-house-passes-bill-aimed-at-lawsuits-by-devin-nunes-johnny-depp/2020/02/11/865115f4-4cef-11ea-9b5c-eac5b16dafaa_story.html|title=Va. legislature passes bills aimed at lawsuits by Devin Nunes, Johnny Depp|date=11 February 2020|newspaper=The Washington Post|access-date=25 February 2020}}</ref>
* In November 2020, [[BYD Company]] filed a libel lawsuit against [[Vice Media]] and the non-profit [[Alliance for American Manufacturing]] (AAM) and some of its employees.<ref name=":14">{{Cite web |last=Allen |first=Bethany |date=2024-07-28 |title=Libel Lawfare |url=https://www.thewirechina.com/2024/07/28/libel-lawfare-chinese-companies-defamation-suit-anti-slapp/ |url-status=live |archive-url=https://web.archive.org/web/20240729015033/https://www.thewirechina.com/2024/07/28/libel-lawfare-chinese-companies-defamation-suit-anti-slapp/ |archive-date=29 July 2024 |access-date=2024-07-29 |website=[[The Wire China]] |language=en-US}}</ref> The [[Supreme Court of the United States]] rejected BYD's suit in August 2022.<ref>{{Cite web |date=2022-08-11 |title=BYD Company Ltd., Petitioner v. Alliance for American Manufacturing, et al. |url=https://www.supremecourt.gov/search.aspx?filename=/docket/DocketFiles/html/Public/22-137.html&eType=EmailBlastContent&eId=24965dda-6113-4e33-8953-74dfd3f5c5ab |url-status=live |archive-url=https://web.archive.org/web/20240604162942/https://www.supremecourt.gov/search.aspx?filename=/docket/DocketFiles/html/Public/22-137.html&eType=EmailBlastContent&eId=24965dda-6113-4e33-8953-74dfd3f5c5ab |archive-date=4 June 2024 |access-date=2024-06-04 |website=[[Supreme Court of the United States]]}}</ref><ref name=":14" />{{Additional source needed|date=May 2025}}
 
==Anti-SLAPP laws==
To protect [[freedom of speech]], some US jurisdictions have passed anti-SLAPP laws. These laws often function by allowing a defendant to file a [[Motion to strike (court of law)|motion to strike]] or [[motion to dismiss|dismiss]] on the grounds that the case involves protected speech on a matter of public concern. The plaintiff then bears the burden of showing a probability that they will prevail. If the plaintiffs fail to meet the burden, their claim is dismissed and the plaintiffs may be required to pay a penalty for bringing the case. They vary widely by jurisdiction.<ref name=":4"/> Anti-SLAPP laws are generally considered to have a favorable effect, and many lawyers have fought to enact stronger laws protecting against SLAPPs.<ref name=Farrington>{{Cite web |last1=Farrington |first1=Francesca |last2=Borg-Barthet |first2=Justin |date=2023-11-28 |title=Slapps: inside Europe's struggle to protect journalists from malicious lawsuits |url=https://theconversation.com/slapps-inside-europes-struggle-to-protect-journalists-from-malicious-lawsuits-218632 |access-date=2024-11-21 |website=The Conversation |language=en-US}}</ref><ref name=ABA>{{Cite news |last1=Jankowski |first1=Shannon |last2=Hogle |first2=Charles |date=March 16, 2022 |title=SLAPP-ing Back: Recent Legal Challenges to the Application of State Anti-SLAPP Laws |url=https://www.americanbar.org/groups/communications_law/publications/communications_lawyer/2022-winter/slapping-back-recent-legal-challenges-the-application-state-antislapp-laws/ |work=American Bar Association}}</ref>
 
In May 2025, the Republican governor of Iowa adopted an anti-SLAPP law.<ref>{{Cite news |last=Belin |first=Laura |date=2025-07-25 |title=Why the Iowa Senate finally approved enhanced First Amendment protections • Iowa Capital Dispatch |url=https://iowacapitaldispatch.com/2025/07/25/why-the-iowa-senate-finally-approved-enhanced-first-amendment-protections/ |access-date=2025-07-27 |language=en-US}}</ref> It forced Donald Trump to drop his federal lawsuit against the [[Des Moines Register]], which was widely considered a SLAPP lawsuit, so he refiled it at the state level.<ref>{{Cite news |date=2025-07-01 |title=Trump drops federal lawsuit against Iowa pollster Ann Selzer, refiles in state court |url=https://www.nbcnews.com/politics/donald-trump/trump-lawsuit-iowa-poll-ann-selzer-des-moines-register-kamala-harris-rcna216078 |access-date=2025-07-27 |language=en}}</ref>
 
== See also ==
{{div col}}
* [[Barratry (common law)]], [[Frivolous litigation]], [[Spamigation]], [[Vexatious litigation]]/[[Paper terrorism]]
* [[Cease and desist]]
* [[Chilling effect (term)|Chilling effect]]
* [[DARVO]] ("deny, attack, and reverse victim and offender")
* [[Lawfare]]
* [[Legal threat]]
* [[Media transparency]]
* [[Reputation management]]{{div col end}}
 
=== Case studies (U.S.) ===
* ''[[Horizon Group v. Bonnen]]'', No.{{nbsp}}2009{{nbsp}}L{{nbsp}}008675 (Ill.{{nbsp}}Cir.{{nbsp}}Ct. July{{nbsp}}20, 2009)
* ''[[McDonald's Restaurants v Morris & Steel]]'' [1997] EWHC 366 (QB)
* [[Santa Barbara News-Press controversy|''Santa Barbara News-Press'' controversy]]
* [[Scientology and the legal system]]
* [[Steven Donziger]]
* ''[[Varian v. Delfino]]'', 35 Cal.4th 180 (2005)
 
== References ==
{{Reflist|30em}}
 
== Further reading ==
{{Library resources box}}
{{refbegin}}
 
* {{Cite web |last=Merriam |first=Dwight H. |title=Identifying And Beating A Strategic Lawsuit Against Public Participation |url=https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1214&context=delpf |access-date=2023-04-11 |website=Duke Environmental Law & Policy Forum}}
* {{cite book |first1=Michelangelo |last1=Delfino |first2=Mary E. |last2=Day |title=Be careful who you SLAPP |publisher=MoBeta Pub |year=2002 |isbn=978-0-9725141-0-1 |url=https://archive.org/details/becarefulwhoyous00delf}}
* {{cite book |first1=Ralph |last1=Nader |first2=Wesley J. |last2=Smith |chapter-url=https://archive.org/details/nocontestcorpora00nade/page/158/mode/2up |title=No Contest: Corporate Lawyers and the Perversion of Justice in America |publisher=Random House |year=1998 |isbn=978-0-375-75258-2 |pages=158–192 |chapter=Chapter 5: SLAPP: Taking Care of Business}}
 
 
{{refend}}
 
== External links ==
* [https://www.law.cornell.edu/wex/slapp_suit SLAPP suit definition] ([[Cornell Law School]])
* http://www.casp.net/survival.html
* [https://www.rcfp.org/resources/anti-slapp-laws/ Understanding Anti-SLAPP laws] ([[Reporters Committee for Freedom of the Press]])
* [https://www.ifs.org/anti-slapp-report/ Anti-SLAPP Statutes: A Report Card on the 50 States] ([[Institute for Free Speech]])
 
{{Censorship}}
 
[[Category:Abuse of the legal system]]
[[Category:Lawsuits]]
[[Category:Legal terminology]]
[[Category:Right to petition]]
[[Category:Strategic lawsuits against public participation| ]]
[[Category:Tort law]]
[[Category:1980s neologisms]]