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UNESCO continues to address abusive lawsuits silencing journalists

by NNW Bureau
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One year after launching its Global Initiative on Strategic Lawsuits against Freedom of Expression, UNESCO is stepping up efforts to strengthen legal safeguards, judicial capacity and support for journalists facing legal intimidation.

From global evidence to concrete action

Through its Global Initiative on Strategic Lawsuits against Freedom of Expression, UNESCO conducted a global needs assessment among legal professionals, informed by a series of webinars and contributions from judicial actors, civil society organizations, the Council of Europe, the European Commission and the Office of the High Commissioner for Human Rights.

The findings illustrated both the scale of the challenge and the gaps in existing protections.  78% of respondents reported an increase in the use of SLAPPs to silence journalists over the past 5 years and 89% reported practicing law in a jurisdiction without any anti-SLAPP legislation. At the same time, 34% of lawyers and 42% of judges and prosecutors reported feeling inadequately equipped to effectively address freedom of expression cases involving journalists and media outlets.

The assessment identified four priority areas for action: strengthening legal defence, shaping jurisprudence, building professional capacities and supporting legal and policy reform.

Building momentum against SLAPPs

The findings of UNESCO’s global needs assessment come at a time of growing momentum to introduce and upscale safeguards against SLAPPs. Across regions, coordinated efforts are driving changes at both regional and national levels. From the transposition of the EU Anti-SLAPP Directive in Europe to the adoption of a Resolution by the African Commission on Human and Peoples’ Rights, developments point to a global effort to address the misuse of legal proceedings to restrict freedom of expression and public participation.

Yet legal reform is only one part of the response. Effective safeguards also depend on equipping legal professionals and judicial actors with the tools to recognise abusive litigation and uphold freedom of expression.

One year after the launch of the Global Initiative, these priorities are now driving concrete action in countries around the world. In Moldova and Ukraine, UNESCO is supporting anti-SLAPP reform and judicial training, strengthening the capacity of legal systems and professionals to recognise and address abusive litigation. Through the Global Media Defence Fund, UNESCO is also working with partners to bolster legal protections for journalists and support legal responses to threats against media freedom.

Moving forward: strengthening knowledge, capacity and cooperation

Beyond tailored national support, UNESCO is providing knowledge and capacity-building for those who play a critical role in protecting freedom of expression, while also raising awareness of the phenomenon.

This includes the creation of new tools, such as dedicated content on abusive litigation included in the third edition of UNESCO’s MOOC for judicial actors on freedom of expression. Developed jointly with the Bonavero Institute of Human Rights at the University of Oxford and featuring participation from EU Commissioner on Democracy, Justice, the Rule of Law and Consumer Protection, Michael McGrath, this tool builds on UNESCO’s decade-long work with more than 39,000 judicial actors through its Judges Initiative.

Alongside these efforts, UNESCO is using its networks and partnerships to foster cross-sectoral dialogue on the issue. 

On 24 September, UNESCO sponsored a full-day conference hosted by the SLAPPs Research Group, the Bonavero Institute of Human Rights and the Centre for Freedom of the Media at the University of Oxford. Under the theme “Abusive Lawsuits and Public Participation: From SLAPPs to Solutions”, the event brought together researchers, legal professionals and experts from around the globe to examine how to strengthen responses to abusive litigation. Participants discussed how legal reform can be translated into practice, the challenges of transposing regional standards into national frameworks, and the role of judicial actors in countering SLAPPs.

As the Global Initiative enters its second year, UNESCO will continue to combine legal expertise, capacity-building and support to organizations working on the ground. As part of this effort, the Global Media Defence Fund will launch its second Thematic Call for Partnerships, on the theme of SLAPPs. This targeted Call will support initiatives providing legal assistance for journalists and media outlets facing abusive proceedings. It will also fund journalistic investigations into legal harassment campaigns and provide technical expertise and advisory for anti-SLAPP legislative reform. Finally, it will support strategic litigation aimed at advancing the recognition of SLAPPs.

Implemented under the UN Plan of Action on the Safety of Journalists and the Issue of Impunity, the Global Initiative on Strategic Lawsuits against Freedom of Expression is funded by the Multi-Donor Programme on Freedom of Expression and Safety of Journalists and the Global Media Defence Fund.

Since its inception in 2020, the Global Media Defence Fund has directly benefited over 11,000 journalists, 1,600 lawyers and 300 media organizations. Its actions are complementary to UNESCO’s Judges Initiative, which offers comprehensive and practical training tools to members of the judiciary to strengthen knowledge and capacities on regional and international standards on freedom of expression.

read more: https://www.unesco.org/en/articles/unesco-continues-address-abusive-lawsuits-silencing-journalists?hub=701

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