Ireland: Abusive Lawsuits Are Silencing Dissent and Eroding Democracy, It's Time to Fight Back
Women Press Freedom urges Ireland to take stronger action in defending journalists and activists against legal bullying
Date: October 30, 2024By: Máire Rowland, Research Coordinator, Women Press Freedom at CFWIJ
In societies that claim to value free speech and press freedom, the growing use of abusive lawsuits and legal threats is endangering these very principles. Strategic Lawsuits Against Public Participation, or SLAPPs, are increasingly being weaponized to shut down investigative reporting. In Ireland this often involves threats to sue journalists for defamation if they are uncovering wrongdoings initiated by powerful figures with deep pockets. These lawsuits don’t just target journalists; they ensnare activists, publishers, academics, and sexual assault survivors in a web of legal intimidation, aimed at smothering public discourse and burying inconvenient truths.
At an anti-SLAPP conference in Dublin, hosted by Index on Censorship, the scale and scope of this legal abuse was laid bare. Voices from across Ireland and Northern Ireland shared stories of how SLAPPs have been used to suppress community actions against fossil fuel companies, silence academic research on transnational crime, and muzzle survivors of sexual assault. The threat of legal action — often enough to deter even the bravest whistleblowers — is casting a shadow over democracy. As Ireland grapples with aligning its laws with the EU’s anti-SLAPP directive by amending its defamation act, the urgency to act is clear. Yet, with a general election looming, legislative progress has stalled.
As media lawyer Lesley Caplin states, the ease of filing civil lawsuits in Ireland tends to favor those who use dishonest legal tactics to intimidate and exhaust their victims’ resources.
The financial burden of defending against SLAPPs is enormous, with legal fees skyrocketing even if cases are settled out of court. This financial strain silences many who cannot afford to fight back. Women journalists, in particular, face targeted legal harassment, with SLAPPs often used to bury stories about sexual harassment or violence, further discouraging victims from coming forward.
SLAPPs are not only confined to defamation claims; they can encompass various laws including intellectual property disputes, privacy violations, and even fraud allegations. These evolving tactics require a more comprehensive approach to anti-SLAPP legislation, one that addresses the full range of laws weaponized against journalists and activists.
The conference’s keynote speaker, human rights barrister Caoilfhionn Gallagher, speaks of the phenomenon she calls "legal whack-a-mole," where journalists are bombarded with multiple lawsuits simultaneously, depleting their resources and making it nearly impossible for them to do their work. The targeting of journalists like Nobel Prize winner Maria Ressa, who has faced a litany of defamation and tax evasion charges in the Philippines, and the wrongful imprisonment of journalists from Abzas Media in Azerbaijan on trumped-up smuggling charges, demonstrate how the law is being abused to silence those speaking out. Nonsense accusations are being leveled at investigative journalists and human rights defenders to tarnish their reputations and even throw them behind bars.
The consequences of SLAPPs extend beyond legal harassment; they foster a culture of impunity that endangers lives. Gallagher cites the assassination of Maltese journalist Daphne Caruana Galizia as a terrifying example of how systemic harassment and legal threats can escalate with deadly consequences. Daphne was subjected to almost 50 nuisance lawsuits for her powerful reporting on corruption in Malta before she was murdered in a car bomb in 2017. The relentless pressure faced by journalists like Daphne creates a climate where attacks on them become not only possible but inevitable, with the tacit endorsement of institutions that should be defending them.
To dismantle this culture of impunity, we must go beyond defensive measures and adopt a proactive approach. This means empowering journalists and activists with legal resources, financial support and enacting robust anti-SLAPP laws that cover more than defamation, and holding those who enable these abuses accountable.
Anti-SLAPP measures are a vital first step, but they alone cannot counteract the chilling effects that legal intimidation creates. As barrister Keina Yoshida points out, while anti-SLAPP laws are helpful, we also need a cultural shift that confronts the power dynamics behind these legal threats. So, how can we achieve this? One way is by publicly naming individuals and organizations that threaten legal action. This transparency can help raise awareness about the issue and hold these aggressors accountable. Another important step is to foster public solidarity with those targeted by SLAPPs, through publicizing incidents of legal harassment we can challenge the power of these threats and show how widespread and harmful SLAPPs are.
Ireland’s stalled anti-SLAPP reforms must not be allowed to fade into the background of electoral politics. The Irish Anti-SLAPP group, along with their European allies at CASE, will keep pushing for change, and the new government must be urged to swiftly pass an effective amendment. This is not a remote issue or a legal technicality; it’s a serious crisis that requires urgent action. The battle against SLAPPs is not just about protecting those who report the news — it is about defending the right of all citizens to speak out against injustice without fear. Now is the time to stand up against this insidious form of censorship and ensure that the legal system is not used as a tool to silence dissent.