The UN Special Rapporteur on the independence of judges and lawyers and the American Bar Association Center for Human Rights (ABA CHR) recently co-hosted a webinar on the role of justice actors in combating SLAPPs.
In her thematic report, presented to the United Nations General Assembly on October 28, 2024, Professor Margaret Satterthwaite, the UN Special Rapporteur, examines improper economic influence on the judicial system, including through strategic litigation against public participation (SLAPPs). SLAPPs involve corporations and wealthy individuals deploying their financial clout in attempts to weaponize justice systems.
SLAPPs represent a manipulation of the proper role of justice systems, and that of judges, prosecutors, and lawyers. However, some justice actors are fighting back against SLAPPs. Judges have created or adapted procedures to dispose of SLAPPs swiftly. Prosecutors can screen cases to ensure criminal SLAPPs are not pursued. Lawyers can provide free legal assistance to SLAPP targets and advise their clients against pursuing cases that constitute SLAPPs. And, bar associations can develop ethical guidelines for their members on their duties when clients seek to pursue cases constituting a SLAPP.
The webinar brought together leading judicial and legal experts on SLAPPs. Professor Satterthwaite shared highlights from her report, and panelists discussed the role of justice actors in combating SLAPPs, including in jurisdictions where formal anti-SLAPP legislation is currently not in force. The panel, moderated by Ginna Anderson, Associate Director of ABA CHR, also included the Honorable Judge Fernando Enrique de Oliveira Biolcati of the Court of Justice of São Paulo, Charlie Holt of the Coalition Against SLAPPs in Europe, and Zamira Djabarova, Senior Legal Advisor for Labor Rights and Corporate Accountability at ABA CHR.
🗂️ Resources from the webinar:
- American Bar Association Resolution, 2024
- A/79/362: Report of the Special Rapporteur on the independence of judges and lawyers, Margaret Satterthwaite Justice is not for sale: the improper influence of economic actors on the judiciary
- Recommendation CM/Rec(2024)2 of the Committee of Ministers to member States on countering the use of strategic lawsuits against public participation (SLAPPs)
- A 2024 Report on SLAPPs in Europe: Mapping Trends and Cases, published by the Coalition Against SLAPPs in Europe
The full recording of the event:
Authors
Fernando Biolcati
Judge of Law of the Court of Justice of São Paulo (TJSP, Brazil)