Akshay Luhadia and Istela Jameel here highlight the threat to free speech and expression in democracies, with state institutions being used to silence citizens through Strategic Lawsuits Against Public Participation (SLAPP). They discuss examples of SLAPP cases in India and the negative impact on democracy, particularly targeting minorities and women.
Abstract
Free speech and expression are the lifeblood of a democracy. However, this right is under constant threat. In recent times, state institutions have become a tool to silence and intimidate citizens into submitting to a particular course of action, or rather inaction. Strategic Lawsuits Against Public Participation are meritless suits solely used to drag the opposing party through protracted litigation to dry up their resources. While common in the United States of America, such lawsuits have become ubiquitous in India as well. For instance, the Adani Group in 2019 filed six defamation cases against The Wire worth INR 300 Crores. RK Pachauri, former TERI Chief, made an INR 1 Crore claim against a lawyer for publishing her client’s statements accusing the former of sexual harassment. This method of silencing stops democracy in its tracks and is exacerbated by India’s judicial backlog and archaic laws. This especially targets minorities and women who wish to speak up against perpetrators. They are stifled and worn down by the imminent threat of a lawsuit against them. This hampers not only one’s right to free speech but also threatens public participation throughout the country. In this paper, we have demarcated the modus operandi of how these suits are filed, how they proceed and their chilling effect on free speech.We have also examined the various legislations promulgated by other nations to curb such lawsuits and the effect they have had on increasing public participation. Lastly, we proceed to analyse India’s defamation laws and suggest policy changes to deter such lawsuits in their tracks.