Home PodcastJulie Alli SLAPPs: A threat to free speech and democracy

SLAPPs: A threat to free speech and democracy

by Luqmaan Rawat
Activists and journalists are bonded by SLAPPs Photo Euro Commissioner

South Africa – Strategic Lawsuits Against Public Participation (SLAPPs) pose a significant threat to free speech and democracy. These lawsuits are designed to intimidate and silence individuals, activists, journalists, and community groups by burdening them with expensive legal battles. However, there are now organisations coming together in order to bring an end to SLAPPs.

SLAPPs is used as a legal tool employed by powerful entities, such as corporations or influential individuals, to suppress criticism or opposition. In essence they seek to put an end to public participation. For S’bu Zikode, President of the Shack Dwellers movement of South Africa (Abahlali baseMjondolo movement of South Africa), as long as it exists, democracy can not grow or flourish.

“It is important for civil society organisations, grassroots and democratic formations to come together to make sure that we advance the democratic values of our new dispensation. Part of trying to do that is to come up with the coalition against the Strategic Lawsuit Against Public Participation.”

As such, various organisations from across Africa met yesterday to figure out how they can come together to protect themselves from SLAPPs. 

“At last, we are all seeing a need to come together because there is a realisation that none of us can actually win and deal with the challenges that are facing South Africa and Africa at large when we have to work in isolation from others.”

 

The problem with SLAPPs

SLAPPs typically target those who exercise their right to free speech, express dissenting opinions, or engage in civic participation. The lawsuits often lack merit, serving primarily as a means to drain the defendant’s resources, deter future activism, and muzzle public discourse. 

“In Abahlali’s experience there have been a number of trumped up charges that have been brought against Abahlali’s members by both the state and corporations. What we have discovered is the corporations have been smart enough to hide behind the politicians. At times we have a lot of tension with the government only to discover that there are big corporations behind the politicians. The politicians are actually protecting the interest of businesses.”

Corporations and wealthy individuals can use SLAPPs as a tool to silence critics, knowing that the threat of costly litigation will deter many from speaking out. This imbalance undermines the principles of fairness, equality, and access to justice.

SLAPPs is all about ensuring, one way or another, that activists are kept silent. It “narrows our democracy, it is an attack on our democracy and an attack on our freedom of expression”. Zikode hopes the coalition can help put an end to SLAPPs, create some dialogue, force goverment to create legislation to protect people from SLAPPs and allow democracy to flourish once again. 

 

S’bu Zikode discussed SLAPPs and how it is a killer of free speech with Jullie Alli. To hear that discussion, listen to the podcast here:

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