SLAPPS: Characteristics, Dangers, and Ways of Contending with Them

Strategic lawsuits against public participation (SLAPPs) are lawsuits, usually for defamation, intended to prevent publication or force the retraction of criticism by journalists or citizens and to silence public discussion of the plaintiff. In many cases the SLAPPs are filed by corporations, financial magnates, public officials, public figures, or even journalists against journalists, newspapers, media outlets, and citizens.

Defendants in SLAPPs pay a high price both financially and emotionally. They are forced to choose between two evils: either they waste a lot of time and financial resources managing their legal defense, uncertain of the outcome of the lawsuit and weighed down by worry about the high monetary damages being claimed, or they back down and retract the remarks for which they are being sued and are effectively silenced. This price leads to the “chilling effect,” which is the danger inherent in

SLAPPs—the impact on the defendant’s willingness to participate in the public discourse. The chilling effect exists even if the suit is ultimately rejected or ends in a settlement.

Therefore, it is extremely important to come up with solutions that will deter plaintiffs from filing SLAPPs, taking into account the unique features of the digital world.