This murder of a truth-teller – all too common in many countries around the world – finally galvanised the European Union to act against SLAPPs: strategic lawsuits against public participation. They are abusive lawsuits which are intended to chill public participation, criticism and discussion on matters of public interest.
So the UK government announced in July this year that comprehensive anti-SLAPP legislation will be introduced. For instance, between 2006 and 2010, former president Jacob Zuma sued the media and other critics for defamation in 15 cases: against eight newspapers, a radio station, two cartoonists, a columnist, op-ed writers, journalists, and an artist and art gallery. At one stage, the total amount claimed in most of these cases was around R65-million.
Their intention, they argued, was not to vindicate their reputation but to abuse the court process for the ulterior purpose of discouraging, censoring, intimidating and silencing them and others from public criticism of the mining companies.After the activists succeeded in the Western Cape High Court, the corporations appealed to the Constitutional Court.
Together, these two cases are significant victories for freedom of expression and for all those who speak truth to power.