“SLAPPed” and Censored? Legal Threats and Challenges To Press Freedom and Investigative Reporting
Strategic Lawsuits Against Public Participation (SLAPPs) represent a growing threat to press freedom, as powerful entities abuse legal systems to silence criticism and investigative reporting. While overt threats like physical violence also persist, legal intimidation has become increasingly prevalent, aiming to suppress independent voices and shield the powerful from scrutiny.
These lawsuits, primarily aimed to intimidate, target journalists and media outlets, alongside activists and NGOs. Perpetrators, often well-resourced individuals or institutions, exploit their advantage to exhaust their targets financially and emotionally. While some SLAPPs are eventually dismissed, the prolonged litigation process inflicts significant harm on journalists, distracting them from work and causing reputational damage. Even news organisations that win these lawsuits face pyrrhic victories, as the ordeal exacts a toll on their resources and wellbeing.
SLAPPs have become a tool to suppress dissent even in democratic countries. The European Commission has responded with an anti-SLAPP Directive adopted by the European Parliament in February 2024. The directive aims to safeguard public participation against legal abuse. However, the complex nature of SLAPPs requires ongoing research and concerted efforts to protect press freedom and democratic values.
The rise of SLAPPs has led to a shrinkage of investigative journalism, with media owners and editors often pressuring for simpler stories due to the financial burden of lawsuits. Journalists face self-censorship and editorial pressure, prompting many of them to become more reluctant when pursuing investigations. While some journalists continue their work unabated, others become more cautious and seek approval from their legal department before publication.
SLAPPs also impose significant restrictions on press freedom in general, with journalists facing economic intimidation and the fear of job loss. Therefore, self-censorship becomes prevalent as journalists weigh the consequences of their reporting, affecting both their professional practices and willingness to cover sensitive issues.
SLAPPs also impact journalists’ professional and personal lives on multiple levels. Concerns about future employment, the time-consuming nature of legal proceedings, and the psychological toll on journalists and their families are all significant factors. Lack of support from employers and colleagues exacerbates the situation although international press freedom organisations often provide practical assistance.
Participants of the survey conducted for the research presented in this study emphasised the need for legal reforms to address SLAPPs and protect media professionals. Press unions are called upon to provide economic, legal, and psychological support, as well as to raise awareness about the impact of SLAPPs on press freedom.
Despite the study’s limitations, including a small sample size and country-specific experiences (journalists from Greece and Cyprus participated in the survey), its findings shed light on the hidden costs of SLAPPs and the urgent need for comprehensive legal frameworks and institutional support to protect press freedom. Ultimately, SLAPPs represent a sophisticated form of censorship that undermines democracy and journalism’s role as a watchdog.
Papadopoulou, L., & Maniou, T. A. (2024). “SLAPPed” and censored? Legal threats and challenges to press freedom and investigative reporting. Journalism, 0(0). https://doi.org/10.1177/14648849241242181