Anti-SLAPP legislation and its human rights considerations

Abstract

Strategic lawsuits against public participation or SLAPPs, are vexatious lawsuits filed against public watchdogs with the intention to suppress public debate and investigative work by journalists. Such lawsuits do not only impede upon human rights, most prominently the right to freedom of expression, but also creates immense financial and psychological burdens as victims of such lawsuits do not have the same level of resources available to those who file such chilling lawsuits. The main objective of this dissertation is to establish the heinous impacts of the filing of SLAPP lawsuits on democracy and the rule of law in Malta, as they target and silence individuals who hold those in power accountable for their actions. The author concludes how media freedom is an essential element to any democracy and through allowing people in powerful positions to file SLAPPs, the repercussions shall be a crippling effect on independent media. The author also analyses the proposed legislative amendments intended to curtail the filing of SLAPPs against Maltese public watchdogs and suggests that the anti-SLAPP legal regime put forward by the Maltese government in October of 2022, is not sufficient enough to prevent the filing of SLAPPs. Furthermore, additional amendments to the legislation put forward at first reading stage were presented in the dissertation.