Safeguarding Freedom of Expression

Strategic Lawsuits Against Public Participation (SLAPPs) are civil, criminal, and administrative legal actions that are threatened, initiated or pursued as a means of harassing or intimidating their target, and which seek to prevent, inhibit, restrict or penalise free expression on matters of public interest and the exercise of rights associated with public participation. These lawsuits, often frivolous or disproportionate, leverage judicial processes to drain the financial resources and energy of defendants, significantly impairing their ability to participate in public discourse and advocacy effectively. As such, SLAPPs constitute a significant policy issue insofar as they represent a profound threat to fundamental democratic values, including freedom of expression, freedom of assembly, press freedom, access to justice, and the overall rule of law.

This project will develop a series of three events dedicated to tackling the growing threat that private and state-sponsored SLAPPs and similar practices pose to freedom of expression and public participation in France. By analysing lessons from extra-European cases, the first event of this series aims to identify good practices that can help formulate informed recommendations for French policymakers.

WEBINAR

Safeguarding Freedom of Expression against Attempts to Curtail Public Participation: Lessons for France from Canada, Mexico, and Indonesia

  • Date: Monday 28 April 
  • Start and End Time: 6:00-8:00 pm
  • Duration: 2 hours
  • Format: online (via Zoom)
  • Language: English
  • FREE

FIRST EVENT

Webinar – Safeguarding Freedom of Expression against Attempts to Curtail Public Participation: Lessons for France from Canada, Mexico, and Indonesia

This event aims to reframe the issue of SLAPPs in France through the lens of international experiences, focusing on lessons learned from Canada, Mexico, and Indonesia. Through the analysis of these jurisdictions, the event will provide fresh perspectives on how different legal and policy frameworks have addressed SLAPPs and what challenges they have faced in doing so.

Format

This webinar will kick off with a keynote speech on the French context by a representative from the CNCDH, before delving into the experience of each jurisdiction thanks to the contribution of country-specific experts. The possibility for interactive exchange will be given to both panellists and attendees through a moderated discussion and Q&A session.

General Objective

By examining international experiences, with a particular focus on Canada, Mexico, and Indonesia, this event will explore the legal and policy responses adopted in these jurisdictions, highlighting both effective practices and potential challenges. The discussion will assess the impact of various measures on public participation and identify insights applicable to the French context. This webinar will also serve as a preparatory step for a subsequent multiregional event, during which participants will collaboratively develop policy recommendations tailored to strengthening anti-SLAPP protections in France.

Key Objectives of the Session

  • Raise awareness on SLAPPs as a significant public policy issue threatening fundamental freedoms.
  • Analyse international good practices by looking at the experiences of non-EU countries (Canada, Mexico, and Indonesia) and the approach they adopted to address and counteract SLAPPs.
  • Identify unintended consequences of existing anti-SLAPP legislation, recognising potential risks and formulating preventive solutions.
  • Identify policy and legal gaps in France by critically comparing France’s current legal and policy framework against international benchmarks.
  • Gather insights from non-European jurisdictions to inform targeted policy recommendations for enhancing protections against SLAPPs in France.

Expected Results

  • Gain an enhanced understanding of SLAPPs, their implications, and the urgency of addressing this issue through targeted public policies and legal reforms.
  • Learn from successful international models and practices to effectively counteract abusive litigation.
  • Develop awareness of potential pitfalls or unintended consequences associated with anti-SLAPP legislation and strategies to mitigate these risks.
  • Clearly identify specific legal and policy reforms required in France based on comparative international experiences.

Speakers

Keynote: Fiona Houdin, Legal adviser at the Commission nationale consultative des droits de l’Homme (CNCDH), France

Panel:

  • James L. Turk, Director of the Centre for Free Expression at Toronto Metropolitan University, Canada
  • Lady Nancy Zuluaga Jaramillo, Senior Legal Researcher & Project Coordinator, Business & Human Rights Resource Centre (BHRRC), Mexico
  • Yogi Bratajaya, legal consultant, with expertise on freedom of expression and human rights in the context of climate change, Member of the Asia-Pacific Youth Advisory Group on Environmental and Climate Justice, Indonesia

Moderation: Zuzanna Nowicka, lawyer at the Freedom of Speech Programme of the Helsinki Foundation for Human Rights (HFHR), Poland

This event is part of the second cycle of the Building for the Future Initiative, coordinated by On Think Tanks (OTT) and supported by the Open Society Foundations, to amplify student and youth-led think tank initiatives, diverse perspectives and advance innovative policy solutions across Europe and beyond, and encourage the exchange of good practices among regions.

Resources

Canada

Mexico

Indonesia

Europe

France