Irish Examiner view: Laws must protect the right to free speech
Slapps, or strategic lawsuits against public participation, are customarily utilised against journalists and media organisations to suppress public-interest reporting and inhibit lawful investigation and discussion.
Is there a European competition for the most egregious use of Slapps, the court procedure deployed by corporations and companies to stifle criticism? Of course there is — it’s called the Farcical Threat of the Year, no less — and, given that Ireland is one of the jurisdictions where this freedom-sapping law has a remit, it is worth knowing more.
Slapps, or strategic lawsuits against public participation, are customarily utilised against journalists and media organisations to suppress public-interest reporting and inhibit lawful investigation and discussion. While they are rooted in defamation law, they can draw in issues of privacy, confidentiality, and data protection.
They have been defined as “an abuse of the legal process, where the primary objective is to harass, intimidate, and financially and psychologically exhaust one’s opponent via improper means”.
Notoriously, they have been used by sanctioned Russian oligarchs to attack reporters and authors. While this is precisely the form of opposition that might be expected from powerful people, another unpleasant example has been highlighted by the Index on Censorship and by the Coalition Against Slapps in Europe (Case).
Remarkably, this features a British cosmetic surgery firm, Signature Clinic, which has been pursuing actions against former patients who have been complaining to online platforms about results that they felt to be unsatisfactory and, in some cases, painful. A patient advocate was also targeted.
The UK Anti-Slapp Coalition said: “Using defamation and anti-harassment laws, as well as injunctions, the company sought to silence criticism and force patients to remove negative reviews. TrustPilot added a banner to the Signature Clinic page on its platform, for a period of time, stating: ‘We’ve found out that this company has been pressuring people to remove or edit their negative reviews’.” Undertaking surgery is manifestly an important personal decision, and being able to share information and experiences with others is clearly a matter of public interest. It is a reality that state health services have to contend with regularly.
Last autumn, a Dublin conference attended by government officials debated reform of the defamation law, plans for which were lost when the general election was called. Also discussed in October was the adoption of comprehensive anti-Slapp provisions to mirror an EU directive that must be transposed in to Irish law by May 2026.
Revived proposals for defamation have been promised as part of the Government’s spring legislative agenda. Amidst background noise about the abolition of juries for libel trials, we must hope the crosshairs are kept on Slapps.
In an era of explosive growth in the contribution of so-called citizen journalists, we must ensure that a right to free speech is a widely shared benefit and not one that is easily stifled by commercial enterprises whose instincts are to “lawyer up”.
The film, based on a popular video game launched in 2011, is a huge box office success taking nearly $280m (€247m) across the world and beating the opening weekend of .
For the uninitiated, it’s described by the studio as a “roam, forage, and survive” adventure “in an endless cubic landscape”. It’s also become something of a teenage rampage, fuelled by social media (of course) with audience chaos and noise, and the extensive throwing of popcorn and drinks when triggered by the phrase “chicken jockey” and the arrival on screen of a baby zombie riding a chook.
Newspapers reported outrage at the Omniplex in Dundalk when the chicken jockey set got into their stride, but excessive behaviour is not confined to these shores. Some British cinemas have threatened to close the show while police have been called to movie houses in the US.
The phenomenon of “flash mobbing” has been with us for more than two decades, but since covid there has been a depressing decline in standards. People have thrown away inhibitions, replacing them with a lack of consideration.
Use of mobile phones on loudspeaker and without headphones is one of the basic manifestations, but there are others: Road rage, cyclists riding on pavements, excessive noise, interruptions to live performance at the theatre.
The singer-songwriter David Gray, whose is the biggest-selling album in Irish history, used his own social media account to complain about disruptive audience behaviour at his show in Dublin’s 3Arena.
“People were hammered,” he said. “It was so rowdy. I don’t think I’ve ever heard an audience as rowdy as that. It was a bit out of control in a way. It’s very hard to weave the subtleties and emotional context and storytelling into the show. We just had to keep our heads down and power through.”
While alcohol isn’t a factor for the mob, it clearly shows its influence at gigs and sports events. And so does drug consumption. The result isn’t a general feeling of wellbeing and contentment, more an example of obnoxious self-entitlement — and proof that bread and circuses aren’t cutting it any more for a jaded population.
While on the subject of regressive human behaviour, what are we to make of the 21-year-old Spanish golfer José Luis Ballester who judged it acceptable to urinate into Rae’s Creek in public view during the Augusta Masters tournament? The foolishness of youth, or one more dispiriting example of narcissism?
Happily, the tournament has given us more savoury memories including Rory McIlroy’s third day flight of eagles as he attempted to end an 11-year-drought in the majors.
Add to that the tributes to Lee Elder who became the first black golfer to appear at the Masters 50 years ago in an era where a club chairman allegedly said: “As long as I am alive all the golfers will be white and all the caddies will be black.”
That debut was one step down the path of progress which was eventually walked by Tiger Woods. It is a better recollection to carry than the actions of boors.
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