Business-Managed Environment

Legal Grounds for SLAPPs

The legal grounds on which a person or group may be sued using a SLAPP include:

defamation/libel
- means that you cannot say or publish something that hurts the reputation of a person or organisation. In some countries the truth of the statement is a defense, in others defendants also have to prove that the statement was in the public interest. No financial damage has to be proven.
injurious falsehood
- means that a false statement has been made with malicious intent and has caused economic loss.
conspiracy
- covers any agreement between two or more people to harm a third party using illegal methods such as trespass or defamation. It means that any individual or group that is part of a coalition campaigning on an issue can be held liable for the illegal actions of others in the coalition.
nuisance
- covers activities causing damage that do not fall into other categories
invasion of privacy/trespass
- used against protestors that go on to private property to hang a banner or stage a demonstration, or confront employees, or against media information gathering and filming.
infliction of emotional distress
interference with contract/business/profits
- contracts can include employment contracts and contracts between suppliers so interference with contracts can include boycotts of products and protest actions that stop work.
intimidation
- a peculiar Australian charge used against protesters who are accused of intimidating those they are protesting against (see case study).