Greens stop SLAPPs
ACT Greens MLA Dr Deb Foskey todaytabled the Protection of Public Participation Bill 2008 in the ACT Legislative Assembly.
â??This Bill aims to encourage public participation by protecting the right of people to speak out and organise on matter of public interestâ?? Dr Foskey said today.
â??I am introducing this Bill in response to the growing incidence of SLAPP litigation in Australiaâ??.
â??SLAPPs â?? Strategic Litigation Against Public Participation â?? are lawsuits intended to silence and intimidate people who might want to express their views on matters of public interest. Loopholes in current court procedure enable these abuses of legal process. â??
â??Most often SLAPP cases are eventually lost in the courts â?? but before that happens it can take years, cause immense emotional strain and seriously deplete or bankrupt defendant individuals, unions or community groups â?? while debate is silenced on the real public policy concerns behind the case. That's why we need anti-SLAPP legislation.â??
â??The ACT Human Rights Act recognises the right to freedom of thought and expression. However, it is still possible for individuals and organisations with sufficient resources to abuse legal processes in order to attack those rights. The notorious Gunns 20 case is a clear example.â??
â??My Bill creates a right of public participation. It also contains provision for the award of costs and punitive damages as mechanisms to discourage the abuse of court processes in order to harass opponents.â??
â??When I introduced my initial anti-SLAPP Bill, the then Attorney General gave in-principle support to its aims, but expressed several reservations.â??
â??I had the Bill referred to the Assemblyâ??s Legal Affairs Committee. This redrafted Bill, which I am introducing today was in essence endorsed by that (tri-partite) committee.â??
â??The intent of this Bill is consistent with Labor policy and addresses the Attorney Generalsâ?? earlier concerns. I hope that the Government will stand up for freedom of speech and political expression by supporting my Billâ?? Dr Foskey said.
