Strategic Priorities and Vision-Setting of the Special
Rapporteur on the Promotion and Protection of the
Right to Freedom of Opinion and Expression

Strategic Lawsuits against Public Participation (SLAPPs) are meritless legal actions or threats initiated not to win on legal merits, but to intimidate, bankrupt, and silence journalists, whistle blowers, and human rights defenders speaking on matters of public interest. In these cases, the judicial process itself becomes the punishment through exhausting delays, exorbiant financial costs, and forum shopping. 

This document was submitted by Centre for Advanced Studies in Cyber Crime and Artificial Intelligence (CASCA) at Rajiv Gandhi National University of Law, Punjab - Authored by Ishita Sharma, Purvi Singla, Avishi Shukla and Jacob Kalarikkal in response to a United Nations Call for Inputs to help shape the strategic priorities and vision setting of the UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression.​

Prepared Using India as a regional case study, the paper highlights how criminal defamation under Section 356 of Bhartiya Nyaya Sanhita (2023), a lack of statutory anti- SLAPP filters an ineffective INR 3000 cap on compensatory costs and rapid three hour digital takedown rules leave target vulnerable. Furthermore, the report emphasizes the "gendered operation" of SLAPPs, where powerful actors weponize defamation lawsuits alongside online gender based violence and patriarchal pressures to retaliate against women speaking out against workplace sexual harrassment as illustrated by M.J. Akbar v. Priya Ramani.​​