News: The Supreme Court, in a May 2024 judgment, cautioned against courts granting ‘SLAPP’ suits, or Strategic Litigation against Public Participation.
About SLAPP Suits
- SLAPP stands for Strategic Lawsuit Against Public Participation.
- SLAPP suits are legal actions—often for defamation, libel, or similar claims—that are initiated not to win damages, but mainly to burden, intimidate, or silence critics and public-interest advocates by subjecting them to lengthy, costly litigation.
- Plaintiffs are usually entities with considerable economic or political power (corporations, politicians, or industry groups) who want to stifle public debate, media scrutiny, environmental advocacy, or whistleblowing.
- Key Features
- Intent: To censor or deter critics and activists, not to redress a genuine legal grievance.
- Target: Journalists, NGOs, activists, or individuals involved in public participation.
- Impact: The threat of massive damages and protracted litigation often forces defendants to retract or self-censor, causing a chilling effect on democratic discourse.
- Indicators: Often features excessive claims, vague or frivolous grounds, and aggressive forum shopping (seeking courts favorable to the plaintiff).
Supreme Courts’ Stand
- Bonnard Standard: The court, under Chief Justice D.Y. Chandrachud, invoked this standard which states that interim injunctions in defamation cases should only be granted in “exceptional situations”.
- Three-fold Test: The top court outlined a three-part test for trial judges to follow before granting an injunction:
- Establishing a prima facie case of defamation.
- Considering the balance of convenience.
- Determining the irreparable loss or harm that publication would do.
