"Have you been SLAPPED?"
- Details
- Category: SLAPP - Strategic lawsuit against public participation
- Created: Monday, 12 January 2015 10:33
- Written by Wikipedia
A strategic lawsuit against public participation (SLAPP) is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.*
The typical SLAPP 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. In some cases, repeated frivolous litigation against a defendant may raise the cost of directors and officers liability insurance for that party, interfering with an organization's ability to operate.*
A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a legal threat. The difficulty is that plaintiffs do not present themselves to the Court admitting that their intent is to censor, intimidate or silence their critics. Hence, the difficulty in drafting SLAPP legislation, and in applying it, is to craft an approach which affords an early termination to invalid abusive suits, without denying a legitimate day in court to valid good faith claims. *
Australian needs an anti-SLAPP statute.
SLAPP suits are Strategic Lawsuits Against Public Participation. It is a run-around of the ICCPR, by abusing the procedures of the court system to silence critics. By entangling your opponent in expensive litigation you can effectively silence your opponent even if you know you don't have any shot at winning the lawsuit. The point of a SLAPP suit is not to win, it's to silence and intimidate.