Drafting Laws to Protect Environmental Defenders
Curbing the Use of Intimidation Lawsuits in the Philippines
The Problem of SLAPP lawsuits
Corporations and others often bring lawsuits to intimidate those who publicly criticize or protest projects and practices that harm the environment and affected communities. This type of lawsuit has come to be known in the U.S. and around the world as a "SLAPP” (Strategic Lawsuit Against Public Participation), and its increasing use has been roundly criticized.
In effect, those who bring SLAPPs against environmental defenders seek to transform public debates into lawsuits in order to prevent the airing of legitimate concerns on matters of great public interest. These suits violate the human rights of environmental defenders and those on whose behalf they speak. See defending against defamation cases.
SLAPP law in the United States
In the United States, where the right to petition is protected by the First Amendment of the Constitution alongside the right to freedom of expression, numerous restrictions have been placed on SLAPPs. Because SLAPPs aim to deter citizens from participating in public affairs, judges and legislators alike have condemned their use, fearing the danger such litigation poses to a well-functioning democracy.
SLAPPs are so strongly disfavored that at least twenty-four U.S. states have enacted legislation discouraging their use. Most state statutes establish a process for motions to dismiss or strike claims, and expedite the hearing of such motions and suspend or sharply limit discovery until a ruling is made on the motion. These statutes also typically require the award of attorney’s fees, litigation costs, damages, and sanctions to SLAPP victims.
SLAPPS come to the Philippines
While EDLC has noted the increased use of SLAPP suits against environmental defenders in a number of developing countries, nowhere are SLAPPs more on the rise than in the Philippines, as exemplified by the case of Dr. Romeo Quijano. A Philippine Congressional Representative recently observed that "SLAPP defendants have been sued for lawful actions such as initiating signature campaigns, circulating a petition, publishing articles in newsletters, organizing and speaking in public meetings, reporting violations of the law, or participating in peaceful demonstrations."
The Legislature finds that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances.
-California Code of Civil Procedure Sec. 425.16