Mexico: SLAPP Filed Against Claudia Amelia Solera Seeks $18 Million in Damages
Women Press Freedom urges the court to dismiss unjust lawsuit against Solera
Location: Mexico, Mexico City
Date: May 6, 2024
A multimillion-dollar lawsuit against Claudia Amelia Solera raises serious concerns over the use of judicial mechanisms to inhibit and intimidate journalistic work. The journalist is being sued for an astronomical amount concerning an investigation published in 2010. Judicial harassment and Strategic Lawsuits Against Public Participation (SLAPPs) are increasingly common in Mexico, stifling critical journalism. The courts must distinguish between factual reporting and opinion, protect expressions on matters of public interest, and carefully scrutinize damage claims to uphold journalistic integrity. Women Press Freedom vehemently denounces this lawsuit targeting Claudia Amelia Solera. Given the article's publication over 13 years ago, the statute of limitations should nullify the possibility of legal action. We call upon the Twenty-Third Civil Court of Written Procedure of the Superior Court of Justice of Mexico City to dismiss this baseless lawsuit.
On May 6, 2024, two women visited the home of journalist Claudia Amelia Solera to serve her with a lawsuit. One of the women claimed to be a court clerk from the Twenty-Third Civil Court of Written Procedure of the Superior Court of Justice of Mexico City but lacked formal identification. The other woman, also unidentified, purportedly represented the plaintiff, Mario Alberto Quiroz, a lawyer from Mexico City.
The lawsuit against Solera is based on a 2010 article she wrote, exposing predatory practices by a law firm targeting retirees. Mario Alberto Quiroz, implicated in the investigation, is demanding 300 million pesos (nearly $18 million) for moral damages.
The demand for 300 million pesos is significantly higher than what is legally allowed for moral damages in Mexico City. The Civil Liability Law for the Protection of the Right to Privacy, Honor, and Image in Mexico City caps moral damages at 350 times the Unit of Account of Mexico City. This unit is a standard measure used for financial calculations and legal limits. The amount demanded in the lawsuit against Solera is far beyond this legal limit, suggesting the demand is excessive and potentially an intimidation tactic rather than a legitimate legal claim.
Judicial harassment, including Strategic Lawsuits Against Public Participation (SLAPPs), has surged in Mexico. Earlier this month, Women Press Freedom documented a similar lawsuit initiated against investigative journalist Fabiola Cortés Miranda by Four Cardinals Development México SA de CV. The company is demanding $3.6 million for "material damages" and an additional 5 million pesos for "serious moral damages" from Miranda. The lawsuit aims to intimidate Miranda, who reported on a legal dispute involving indigenous Mayans in Quintana Roo over land rights.
These legal maneuvers aim to intimidate, inhibit, or silence critical opinions or information related to matters of public interest. SLAPPs not only impact the targeted journalists economically and psychologically but also serve as a broader deterrent, warning the press against publishing certain topics or engaging with certain people under the threat of legal action.
Women Press Freedom denounces this legal action against Claudia Amelia Solera as an attempt to intimidate and silence investigative journalism. Considering the time elapsed since the publication of her report, in 2010, over 13 years ago, the statute of limitations should also be considered, extinguishing the possibility of legal action due to the passage of time. We urge the courts to administer justice and swiftly dismiss this nuisance lawsuit, allowing the journalist to work freely without the threat of legal intimidation.
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