SLAPP: Strategic Lawsuit Against Public Participation, is another tactic used by wealthy oligarchs and the powerful to avoid being held to account, stymying freedom of speech, burying inconvenient truths and bankrupting defendants.
This phenomenon has become especially apparent in the UK with both local and/or non resident plaintiffs using libel actions for public criticism, Australia by conservative Ministers also & the Balkans against NGOs and civil society.
Following are three articles of past year explaining the impact and solutions in Balkan Insight’s ‘SLAPP Cases Targeting Many Public Actors Besides Journalist – Report’, ByLine Times ‘ON TRIAL Freedom of the Press’ and Open Democracy UK in ‘The UK’s reputation management industry is destroying journalism. It must be stopped’.
Very clear that the powers that be in many constituencies or nations have a strong interest in avoiding transparency and empowered media to inform society?
From Balkan Insight: ‘SLAPP Cases Targeting Many Public Actors Besides Journalists – Report
Matea Grgurinovic Zagreb BIRN March 17, 2022
New report by Coalition against SLAPPs in Europe shows that these lawsuits are being used to silence not only journalists but activists, civil society organizations and academics.
A new report by the Coalition Against SLAPPs in Europe, CASE, “Shutting Out Criticism: How SLAPPs Threaten European Democracy”, published on Wednesday, says although journalists are most likely targets, these lawsuits also target activists, human rights defenders and academics.
“Journalists are targeted with SLAPPs because they bring information to light while activists, civil society organisations, and academics are confronted with SLAPPs because they challenge the status quo,” the report says.
Its data also show that the number of so-called Strategic Lawsuits Against Public Participation in Europe is growing, and that claimants are “becoming increasingly creative”.
The report recalls the example of Elitech against Friends of the Earth, FoE, Croatia and the civic initiative, Srdj je nas (“Srdj is ours”).
In 2013, the citizens’ initiative, together with the Croatian Architects Association, requested the Constitutional Court to assess the legality of the construction of a luxury resort and golf course on Srđ hill by the multinational manufacturing company Elitech. FoE Croatia placed a billboard criticising the project in a public place.
“FoE Croatia subsequently faced two different lawsuits: civil defamation against the organisation, with a request for a gagging order; and the president and two vice-presidents of FoE Croatia were criminally prosecuted for libel,” the report recalls, adding that this case “shows how SLAPPs are used as a means of silencing those speaking out about a shared concern”.
The report stresses the “chilling effect” that SLAPPs have, meaning the financial burden, the time defendants have to take to prepare their legal defence, the effort to remember details of events that often took place years previously, as well as the mental and emotional toll.
“Many described the process of dealing with the SLAPP as more taxing and intimidating than actually receiving the legal threat,” the report adds……
…..Strategic Lawsuits Against Public Participation are civil claims filed against individuals or organisations. Businesses and government officials often file them against those that oppose them on issues of public concern, with a view to silencing them. They are widely seen as a tool of “modern censorship”.
A SLAPP can be based on a range of legal theories, including defamation, data protection, privacy, business torts and data protection, and often exploit gaps in procedural protections that are often highly specific to the jurisdiction in question.’
From ByLine Times: ‘ON TRIAL Freedom of the Press
Manasa Narayanan and Daisy Steinhardt
14 February 2022
Focusing on the current cases against journalists Carole Cadwalladr and Tom Burgis, Manasa Narayanan and Daisy Steinhardt explore how libel laws allow the rich and powerful to silence journalism.
Journalism and the justice system are currently intertwined, with two major defamation cases in progress – one against investigative journalist Carole Cadwalladr; and another against Tom Burgis, investigations correspondent for the Financial Times. There is also the extradition case of WikiLeaks founder Julian Assange.
The two defamation claims are particularly significant because of their implications for ‘SLAPP’ (Strategic Lawsuits Against Public Participation) cases and public interest journalism in the UK.
SLAPP are essentially a form of legal harassment, whereby certain laws and judicial frameworks are exploited by rich and/or politically well-connected individuals and organisations to the detriment of their critics – usually journalists, activists and NGO workers.
One of the main vehicles of SLAPP is defamation – also called libel – which is a charge accusing someone of writing something false in a way that harms a person’s public image and causes ‘serious harm’ to their reputation. In effect, political and economic elites can use highly expensive and time-consuming defamation suits against their critics – effectively silencing them.
Cadwalladr was slapped with a libel case by the millionaire businessman Arron Banks in 2019. As of 2018, estimates of his wealth ranged from £100 million to £250 million. Aside from being wealthy, Banks has also been involved in British politics in recent years. As one of the founders of the Leave.EU referendum campaign, he played a pivotal role in the 2016 leave vote and is known for his close links to Nigel Farage.
While Cadwalladr has, over the years, written several pieces about Banks and the Brexit Referendum – with a particular focus on the Leave campaigns – it was a TED talk, during which she made a passing remark about Banks’ “covert relationship with the Russian Government” and an accompanying tweet about the talk that has been the subject of this costly legal suit.
Meanwhile, Burgis faces two lawsuits brought by the Kazakh mining company, Eurasian Natural Resources Corporation (ENRC). In both his reporting and his book, Kleptopia, Burgis talks about kleptocracy – a term used to describe a system in which autocratic states, such as Kazakhstan, use their power and links in places such as London to safeguard their wealth. This is the context in which Burgis reported on the ENRC and now faces libel charges – one against him and his book publisher HarperCollins, and another against him and the Financial Times.
Both of these cases have raised serious concerns about press freedom.
When Cadwalladr’s case went to court last month, 19 organisations, including Reporters Without Borders, declared their support for her – publicly calling Banks’ legal pursuit a SLAPP suit, and reiterating that it was “aimed at intimidating and silencing Cadwalladr” for her journalism.
In Burgis’ case, 15 such organisations released a joint statement to “condemn lawsuits brought by ENRC” against him, HarperCollins and the Financial Times.
Cadwalladr’s case is particularly striking given that, despite writing extensively about Banks and the leave campaign for years for major newspapers, and having made the supposedly defamatory claim in a TED talk, she has been targeted as an individual – leaving her with no institutional support.
Indeed, even though Cadwalladr made claims similar to those made in the TED talk in the Observer newspaper in 2018, Banks did not sue her on that basis. The Observer article had undergone a vetting process by an editorial team, while the production of the TED talk saw the involvement of its own team. Yet, Cadwalladr has been singled out and pursued relentlessly as an individual.
Other organisations, including Channel 4 and the BBC, have conducted extensive investigations into Arron Banks, but do not figure in his fight against disrepute.
One of the defining characteristics of a SLAPP is the stark disparity between the economic and political capital of the claimant and the defendant. This can be seen when comparing Banks to Cadwalladr. While Banks has vast resources to launch a defamation suit, Cadwalladr has been forced to crowdfund her legal costs and is likely to have to declare bankruptcy if she loses.
While the powerful do not have much to lose, for journalists like Carole Cadwalladr and Tom Burgis this is not just about money – their careers and livelihoods are on the line.
Even if they win their respective cases, the innumerable court trips and legal meetings will have drained them both financially and emotionally, preventing them from carrying out their work as they otherwise would.
The ENRC has launched a total of 18 legal proceedings against journalists, lawyers and other critics since 2013, including one against the Serious Fraud Office.’
From Open Democracy UK: ‘The UK’s reputation management industry is destroying journalism. It must be stopped
Protecting media freedom and tackling corruption are intrinsically linked. The UK needs to address both to achieve either effectively
Susan Coughtrie 19 July 2021, 7.33am
This month, British newspapers reported that an Azerbaijani millionaire DJ, Mikaela Jav, and her husband, Suleyman Javadov, had been forced to forfeit £4 million to the National Crime Agency, after admitting the funds had entered the UK illegally through a complex money laundering system known as the ‘Azerbaijan Laundromat’.
Pictures of the Javadovs’ lavish lifestyle, including four multi-million pound properties in London, ran alongside commentary pointing out that the NCA actually reclaimed £10 million less than was originally under question…..
…..However, the fact that a media outlet had to pursue an expensive, two-year legal battle in order to prevent what the judge in the case ruled would have been a “disproportionate interference with the principle of open justice” should spark some alarming questions for those involved in media freedom, transparency and anti-corruption efforts in the UK.
Indeed, this case intersects with a much larger, more troubling story – how the UK’s financial and legal systems not only service at best ‘questionable’ money flows originating from countries with less-than-stellar democratic records, but that the country is also home to legal and reputation laundering services that can be utilised to suppress public scrutiny into, or whitewash over, potential wrongdoing…..
…..If the UK government wants to deliver on its commitments to protect media freedom – both at an international level, through its leadership of the Global Media Freedom Coalition, and domestically, having established the National Committee on the Safety of Journalists – then it must also fully examine how illicit finance and corruption feeds into violations against media freedom, both here and abroad.
Despite the UK parliament’s Intelligence and Security Committee’s damning findings in its July 2020 Russia Report, regarding the existence of a ‘London Laundromat’, supported by a “growth industry of enablers”, the UK appears to be backsliding on anti-corruption commitments. This is in contrast to the US, where President Biden’s administration has made a pointed shift to address corruption as a core national security interest….
This type of ‘positive’ reputation management comes alongside a far more insidious issue: attempts to remove ‘uncomfortable information’ from the public domain or prevent it from getting there in the first place. The case against Radu is part of a growing body of evidence pointing to the use of legal intimidation and SLAPPs (strategic lawsuits against public participation). A term originally devised in the US, SLAPPs are legal actions taken against journalists, as well as whistleblowers, activists or others speaking out in the public interest.
Thus, lawyers can easily threaten legal action on behalf of super-wealthy clients. But journalists, especially freelancers or small media outlets, find it difficult to mount the financial resources and legal expertise to respond. The reputation managers’ goal is not necessarily to win in court, but rather to intimidate, to consume the financial and psychological resources of the target, so they simply give up. If successful, they can create an information vacuum about the initial subject matter as well as the fact a legal challenge took place.
In a survey of 63 investigative journalists reporting on financial crime and corruption in 41 countries, conducted by the UK’s Foreign Policy Centre last year, three quarters of respondents reported receiving communications threatening legal action as a result of their work. Moreover, the UK was the leading international source of these threats, with almost as many originating from there as from EU countries and the US combined……
….More than 20 organisations, part of an informal UK anti-SLAPP coalition, have now launched a policy paper on countering legal intimidation and SLAPPs. The paper calls for a formal parliamentary inquiry to examine this issue in the UK, including the impact on those subjected to these tactics as well as the knock-on effect on public scrutiny, including investigations into corruption.
There is a need for legislative and regulatory reform, potentially in the shape of a UK Anti-SLAPP law. This would follow similar initiatives that have been advanced in the US and Canada, and in the European Union, which is examining proposals for an Anti-SLAPP Directive.
Stronger leadership is needed in the UK to tackle both the safety of journalists and the fight against corruption. A first step would be to recognise the symbiotic nature between the two. You cannot effectively protect and promote media freedom without first addressing the financial and legal systems that support attacks against it.’
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