Steven Thiru considers the judiciary’s essential role in defending public participation and the integrity of the legal process against Strategic Lawsuits Against Public Participation (“SLAPPs”).
He delves into how courts can deploy existing procedural and substantive powers to scrutinise potentially abusive proceedings where litigation is used to silence legitimate public participation, and safeguard civic space.
The article examines the Escazú Agreement as an important framework for environmental rights, access to justice, and protection of environmental defenders, and considers how its safeguards can complement anti-SLAPP protections.
Drawing on cases from across jurisdictions, Steven highlights how courts have given practical effect to these principles while recognising the need for broader statutory reform.
He concludes by considering the case for a Commonwealth-wide anti-SLAPP framework and the vital role of a vigilant judiciary in protecting public participation.
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*The views expressed above and in the linked article are solely those of the author. Their republication does not necessarily imply endorsement by the Malaysian Bar.