Source : Perth Now news
One of Australia’s best known legal exports says the country is lagging behind other democracies in not passing laws to stop powerful companies silencing detractors.
Acclaimed human rights lawyer Jennifer Robinson has joined forces with the Australian Democracy Network’s Stop the SLAPP alliance in an effort to spare campaigners millions in unnecessary legal costs.
SLAPP stands for Strategic Lawsuit Against Public Participation and refers to powerful companies and individuals launching expensive court actions in an attempt to silence naysayers.
Protecting the rights of women to speak up about abusive behaviour without fear of crushing costs is a particular concern for Ms Robinson.
“Defamation claims being brought against survivors to silence reporting on violence against women is a form of SLAPP suit,” Ms Robinson told AAP.
“I’m excited to see Australian community groups coming together to support this initiative to better protect free speech.”
Ms Robinson is intimately familiar with the area, having represented actress Amber Heard when her ex-partner Johnny Depp sued a UK newspaper for libel based on accusations Ms Heard made about his behaviour.
The broader Stop the SLAPP campaign brings together 35 separate civil society organisations who are calling for a federal set of anti-SLAPP laws that would allow these cases to be thrown out at an early stage.
One crucial aspect of the proposed reforms is shifting the cost burden from the defendant to the claimant to prove why a case is not a SLAPP.
“A company with an unlimited legal budget can outspend an ordinary person into silence,” the alliance’s convenor Aish Cowgill told AAP.
“Without protections, the wealthy and powerful can outspend any criticism or efforts to hold them accountable.”
The alliance is taking heart from similar groups having reform success in places as far afield as the EU, Ireland, the US and Thailand.
One Australian example of a SLAPP are efforts in July by fossil fuel giant Woodside to force protesters to reveal information about other members who caused an evacuation at their head office in 2023, the alliance said.
The WA Supreme Court lawsuit was dismissed, with the judgment saying: “This application is part of Woodside’s broader response to discourage protests against its Projects.”
While the powerful have legal avenues to exploit, Ms Robinson said there will remain risks to those trying to expose them.
“Addressing the very real chilling effect of the cost risk of public interest reporting on violence against women is so important,” the lawyer said.
“Because what does free speech mean if you can’t afford to defend it?”
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