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IBA Annual Conference Paris 2023

29 Oct - 3 Nov 2023

Room 342 B, Level 3

Session information

A SLAPP in the face: human rights or the end of defamation?

Thursday 2 November (1115 - 1230)

Room 342 B, Level 3

Committee(s)

Bar Issues Commission (Lead)

Description

A “SLAPP” suit is a “strategic lawsuit against public participation,” with the asserted purpose of attempting to silence freedom of expression by subjecting the speaker to an expensive and intimidating lawsuit. To this extent, protection of freedom of expression is seen in the human rights context. On the other hand, freedom of expression had never been absolute; other interests, such as protection of reputation from defamation, must also be balanced. As various governments have enacted or are being considered “Anti-SLAPP” statutes or regulations, designed to offer protection to preserve public dialog on newsworthy issues, there have also been instances of abuse. The issue crosses common law and civil law boundaries, and in some jurisdictions may have criminal law implications. The panel will discuss these issues in substantive terms and address the challenges facing bar associations in their role as defenders of the rule of law for their diverse constituencies.

Session / Workshop Chair(s)

Steven Richman American Bar Association, Washington, District of Columbia, USA; Chair, Bar Issues Commission Policy Committee

Speakers

Riccardo Cajola Cajola & Associati, Milan, Italy; Vice Chair, International Commerce and Distribution Committee
Fiona McLeod AO KC Victorian Bar, Melbourne, Victoria, Australia; Officer, Bar Issues Commission
Laura Prather Haynes Boone, Austin, Texas, USA; Website Officer, North American Regional Forum
Mark Stephens CBE Howard Kennedy LLP, London, England; IBAHRI Co-Chair, IBA's Human Rights Institute