SLAPP Suits: Meaning, Examples, Impact on Free Speech and Democracy

Context: A Delhi court scrapped a gag order against journalists, reflecting the Supreme Court’s 2024 warning that powerful entities misuse SLAPP suits and pre-trial injunctions to curb free speech and public debate.

Strategic Litigation Against Public Participation (SLAPP) Suits

• SLAPP) Suits are lawsuits (usually defamation, nuisance, or similar claims) brought by individuals, corporations, or entities against critics, journalists, activists, or NGOs.
• It has evolved from the US
• Recent Trends of Misuse: Filed by powerful corporations or individuals to intimidate, silence, or burden journalists, activists, or civil society.
  • The purpose is not necessarily to win in court but to drain resources, prolong litigation, and deter public scrutiny.

Supreme Court Judgment (Bloomberg Television Production Services India Pvt. Ltd. vs Zee Entertainment Enterprises Ltd. 2024)

• Journalistic freedom is part of the constitutional mandate under Article 19(1)(a).
• Pre-trial, ex parte injunctions in defamation cases = “death sentence” to free speech even before trial.
• Courts must follow the Bonnard Standard (UK precedent) – Injunctions in defamation cases should be given only in exceptional situations, when the content is malicious or palpably false.
• Courts must apply a three-fold test carefully before granting injunctions:
  • A prima facie case of defamation exists.
  • Balance of convenience favours the injunction.
  • Irreparable harm would occur without an injunction.
• Warning against the mechanical application of the test in journalism-related cases.
• Gag orders affect not only journalists but also citizens’ right to know

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