SLAPP lawsuits: a “common” instrument of power?

SLAPP: strategic lawsuits as a “slap in the face” …

SLAPP suits (Strategic Lawsuits Against Public Participation) are abusive legal proceedings that serve above all to intimidate, burden or even silence critical voices. The aim of such lawsuits is not to enforce a legitimate legal claim, but to suppress public criticism of companies or actors. Could this strategy also be used when groundbreaking technologies are to be spread?

The approach constitutes an abuse of the resources of the legal system. Often, legal violations are merely used as a pretext, without any realistic prospect of actually proving the alleged violation. It is common practice to accuse people of defamation or damage to reputation without grounds. Accusations such as tax evasion, money laundering or fraud are also raised again and again and quickly cause uncertainty among those affected. It is particularly problematic that such accusations can hardly be verified in detail by the public. Instead of the presumption of innocence, prejudgement often dominates, so that those affected often remain permanently discredited before or even after the conclusion of court proceedings.

SLAPPs originally serve to intimidate and burden those affected. From a social point of view, they frequently impair freedom of expression and of the press and endanger democratic debate, as critical reporting and civil-society engagement are deliberately suppressed.

SLAPPs also have a negative effect from a technical or technological point of view: they slow down or prevent innovative developments because those affected fall into disrepute through the accusations and no longer manage to reach the milestones expected by the public in time. Often the mere accusation is enough to massively restrict those affected in their actions and activities. Especially with accusations of fraud, the accusation alone can cause various institutions to react in concert, which not infrequently leads to restricted access to financial resources during and even after the SLAPP attack.

Consequences for those affected

A SLAPP suit usually has serious personal, financial and social consequences for those affected. Even being confronted with such a lawsuit causes great uncertainty, fear and stress for many, as they suddenly have to deal with serious accusations – such as defamation, fraud or other offences. Even if the accusations are unfounded, the mere public raising of the accusations can permanently damage the reputation of those affected. Their social environment and business partners often react with reserve too, which can lead to social isolation.

In addition, there are considerable financial burdens, since defending against a SLAPP suit involves high legal and court costs. In many cases the accusations also make access to financial resources more difficult because banks, investors or other institutions keep their distance. The constant threat of further legal action often leads those affected to censor themselves and refrain from public statements or critical reporting. This is particularly serious when important social or technical projects stall because those affected are distracted or discredited by the lawsuit.

Examples of well-known SLAPPs

• Lawsuits against journalists reporting on pollution or corruption.
• Lawsuits against health or legal representatives who question prescribed social rituals.
• Proceedings against NGOs that criticise companies for harmful business practices.
• Cease-and-desist letters (and lawsuits) against activists who organise petitions, leaflets or protests

SLAPPs are regarded as a serious threat to democracy, freedom of expression and the rule of law, which is why civil-society alliances and initiatives in Europe and elsewhere campaign against this practice.

Examples on Wikipedia

Otto Brenner Foundation (German)

SLAPPs in the field of “new technologies”?

HOLCOMB ENERGY SYSTEMS

Does the recent intervention by state regulatory bodies in Florida in Holcomb’s case amount to a SLAPP?

Photos

NEUTRINO® ENERGY GROUP

Could SLAPPs also be behind the waiting times for the development of NEUTRINO ENERGY products?

Information