This study builds on the hierarchy of influences model and the concept of the chilling effect to investigate how strategic lawsuits against public participation (SLAPPs) affect journalism, directly ...and indirectly. Based on the semi-structured interviews with Slovenian journalists and editors targeted by SLAPPs, and with their newsroom colleagues, it reveals inconsistencies between the respondents’ expressed awareness of the impact of SLAPPs on their work and their perception of the broader impacts. By examining how SLAPPs interact with the various professional and personal circumstances of journalists and editors, and with the political, economic and regulatory context, toward a potentially deterring outcome, the article contributes evidence on factors that strengthen or mitigate the possible chilling effect of SLAPPs, for both targeted and non-targeted journalists and editors. The research findings add to the empirical knowledge of the emerging body of research on SLAPPs in anticipation of European and national anti-SLAPP regulation.
The Anti-SLAPP mechanism in Indonesia still needs to fulfill the four fundamental dimensions of effective Anti-SLAPP. Deciding on Anti-SLAPP in an interim decision is a progressive step because it is ...a translation of the Anti-SLAPP mechanism in the form of a case dismissal procedure as early as possible. Because no complete rules govern it, this creates confusion for judges. This research aims to analyze the philosophical orientation of judges in resolving disputes for anti-strategic lawsuits against public participation fighters based on Pancasila justice. This research is normative legal research employing two approaches—a philosophical approach and a conceptual approach—and collects and obtains data through direct interviews with judges. This research shows that the Judge's decision in resolving anti-SLAPP disputes based on Pancasila values still needs to be stronger. So, development that damages the environment and benefits the government and corporations will continue. Based on these facts, it is known that the regulation and implementation of anti-SLAPP in Indonesia still do not provide justice for all elements of it because one of the causes is the limitations of the existing anti-SLAPP rules in Indonesia. The factors that caused the Judge's decision not to be based on Pancasila justice can be seen from the lack of legal protection for environmental fighters in Indonesia. Then, the Judge's philosophical orientation in resolving Anti-SLAPP disputes with Pancasila justice refers to the five principles of Pancasila.
The aim of the article is a proposal to supplement the provisions of the Civil Code regulating the instruments of both peculiar and non-peculiar protection of personal sphere (human personality). It ...is about removing the effects of breach (Art. 24 of the Civil Code) and the institution of compensation for non-pecuniary damage (Art. 448 of the Civil Code). The current general approach of the Code does not indicate the criteria that each time should be followed by the court granting appropriate protection. In practice, this often leads to doubts as to whether the adjudicated protection measure remains adequate on the one hand, and whether it does not constitute an excessive burden (primarily financial) for one, who is responsible on the other hand. The practice also provides numerous examples that sometimes the pursuit of claims for infringement of personal rights is more of a harassment for the defendant than a source of compensation for the aggrieved party. An important example of such irregularities is the phenomenon of so-called SLAPP. The article presents proposals for normative solutions that would allow to avoid the negative effects of these phenomena to a significante
This comment looks at the current controversies surrounding the strategic use of libel law to silence and intimidate investigative journalists. Much of the problem flows the cost of litigation in ...defamation. The comment proposes a model for reform based on the streamlined procedure used in the Intellectual Property Enterprise Court, in which recoverable costs are subject to a cap. The comment argues that such a model for reform is more likely to be effective in addressing the current concerns than the Government's anti-SLAPP proposals.
Strategic litigation against public participation is a threat to public interest journalism. Although typically a defamation claim underpins a SLAPP, the GDPR may serve as an alternative basis. This ...paper explores how public interest journalism is protected, and could be better protected, from abusive GDPR proceedings. The GDPR addresses the tension between data protection and freedom of expression by providing for a journalistic exemption. However, narrow national implementations of this provision leave the GDPR open for abuse. By analysing GDPR proceedings against newspaper Forbes Hungary, the paper illustrates how the GDPR can be instrumentalised as a SLAPP strategy. As European anti-SLAPP initiatives are finetuned, abusive GDPR proceedings need to be recognised as emerging forms of SLAPPs, requiring more attention to inadequate engagement with European freedom of expression standards in national implementations of the GDPR, data protection authorities' role in facilitating SLAPPs, and the chilling effects of GDPR sanctions.
PDF
