Strategic lawsuits against public participation (SLAPPs) are typically filed by wealthy and influential individuals or organisations in an attempt to impede journalists in carrying out their work. A study commissioned by the Swiss Federal Office of Communication (OFCOM) and carried out at the ZHAW School of Applied Linguistics is the first to shed light on the frequency and dynamics of these lawsuits in Switzerland and provide an insight into their victims, plaintiffs and potential consequences for the media industry.

Risk of a chilling effect

Vinzenz Wyss and his research team conducted guided interviews with 19 legal experts, chief editors and industry representatives. In addition to the interviews, some 140 media professionals in leading positions participated by answering an online survey. The study found that only a small number of Swiss editorial departments have had experiences with SLAPP lawsuits. However, many of the study participants expressed concern that SLAPPs can make journalistic work significantly more difficult owing to the financial challenges they entail and the time they take up. They also recognise the risk of a “chilling effect,” which is a kind of self-censorship, and a potential erosion of journalists’ watchdog function.

“Legal experts are insufficiently aware that SLAPPs take aim at the very heart of journalism,” says study author Wyss, adding that these lawsuits, or even the mere threat of one, directly impede journalism in fulfilling its fundamental purpose: exposing societal grievances through investigative research. Despite these findings, most legal experts included in the study believe that existing laws offer sufficient recourse against SLAPPs.