SLAPP suits

SLAPP suits

News: The Supreme Court has cautioned courts against the use of SLAPP suits by powerful entities to curb free speech, particularly in cases involving media platforms and civil society.

What are SLAPP suits?
 SLAPP suits, or Strategic Litigation Against Public Participation, are legal actions filed by entities, such as corporations or individuals, with the intent to intimidate or silence critics. These suits typically target activists, journalists, or members of the public by burdening them with costly legal proceedings.

Characteristics
 Targeting Public Participation: SLAPP suits often focus on acts of public participation, such as journalism, advocacy, whistleblowing, peaceful protests, or speaking out against abuse of power.
 Matters of Public Interest: The subject matter of a SLAPP suit usually involves issues of public interest.
 Individual Defendants: These suits are often filed against individuals rather than the organizations they work for, aiming to cause reputational harm.
 Lack of Merit: SLAPP suits lack a valid cause of action and are devoid of merit.
 Goal: Winning the lawsuit is not the primary goal; instead, the plaintiff aims to intimidate the defendant into abandoning criticism.
 Disproportionate Remedies: The remedies sought are usually substantial damages disproportionate to the dispute’s subject matter.

Examples in India
 Tata Sons Limited v. Greenpeace International & Anr.: In 2000, the Tata Group filed a SLAPP suit against environmental activist Dr. Claude Alvares and others for publishing a book critical of the company’s activities.
 Delhi High Court’s Ruling: The Delhi High Court’s ruling in the Tata case highlighted the need to balance free speech rights with reputational concerns in defamation suits.
 Preventing Public Debate: SLAPP suits have been used by powerful entities to prevent the public from knowing about or participating in important affairs in the public interest.

Defending against SLAPP suits in India
 Injunctions: In India, ex-parte, ad-interim injunctions can be secured in emergency situations to prevent irreparable harm.
 Balancing Free Speech and Reputation: Courts must exercise exceptional caution when granting pre-trial injunctions to avoid stifling public debate.

What are injunctions?
 An injunction in India is a legal remedy used to prevent a party from carrying out a specific action, such as intellectual property infringement or breach of contract. It is a court order requiring a party to do or cease certain actions and plays a crucial role in legal battles. Violating an injunction can result in contempt of court charges.
 An ex-parte injunction, issued without hearing from the other party, is granted in emergency situations to prevent irreparable harm.