Libel cases and public debate - some reflections on whether Europe should be concerned about SLAPPs?
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Date
2010-06-17
Authors
Donson, Fiona
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Wiley
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Abstract
In recent years, Strategic Lawsuits Against Public Participation (SLAPPs) have become well‐recognized as challenging free speech and public participation in the USA, Canada and Australia. However, in Europe SLAPPs remain largely unrecognized with little consideration of their use and impact. This paper argues that SLAPPs are used in Europe and have been neglected for a number of reasons. In order to examine the European SLAPP situation, this paper focuses on libel law in England and Wales. It considers the debate on free speech that has flowed out of libel cases and concludes by reflecting on what advantages might flow from a refocusing of that debate that includes a recognition of SLAPPs.
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Keywords
Libel law , Strategic Lawsuits Against Public Participation (SLAPPs) , Free speech
Citation
Donson, F. (2010) 'Libel Cases and Public Debate – Some Reflections on whether Europe Should be Concerned about SLAPPs', Review of European Community & International Environmental Law, 19(1), pp. 83-94. doi: 10.1111/j.1467-9388.2010.00666.x
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© 2010 Blackwell Publishing Ltd. This is the peer reviewed version of the following article: Donson, F. (2010), Libel Cases and Public Debate – Some Reflections on whether Europe Should be Concerned about SLAPPs. Review of European Community & International Environmental Law, 19: 83-94. which has been published in final form at https://doi.org/10.1111/j.1467-9388.2010.00666.x. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving.