Silencing women and journalists by abusive court proceedings
Silencing those who speak up by taking them to court for defamation is a growing problem. “Over the past decade, there has been an increase in the use of defamation lawsuits to retaliate against and silence women who have publicly denounced gender-based violence – including survivors who have spoken out against their own abuse, global network Equality Now says. The European Commission confirmed this recently by proposing a directive to improve protection of journalists and human rights defenders from abusive court proceedings.
Equality Now says it can be extremely difficult for survivors to speak about their abuse and the weaponization of defamation lawsuits is a form of secondary victimization. ”Survivors of sexual violence can choose to speak out or not, but any person who has experienced rape, assault, or harassment should not be shamed, intimidated, coerced, stigmatized, or threatened into remaining silent. And international human rights law agrees.”
”When survivors speak out, their experiences are a matter of public interest, and their right to speech is protected by international human rights law. Accordingly, when survivors share their stories, their right to do so is protected under international human rights law even when their public expressions offend, shock, disturb, or disclose aspects of someone’s private life.”
“The fundamental right to freedom of expression extends to survivors of sexual violence and upholding that right is not only aligned with international human rights law but is critical for combating violence against women. Speaking out about violence can fundamentally change the social discourse around this issue and both shift the focus of accountability onto the perpetrator where it belongs as well as shatter the stigma that often surrounds survivors of sexual abuse”, Equality Now says.
The EU Commission said trying to silence journalists and human rights defenders by suing them is increasing in the EU:
“Strategic lawsuits against public participation, commonly known as ‘SLAPPs’, are a particular form of harassment used primarily against journalists and human rights defenders to prevent or penalise speaking up on issues of public interest. The proposed directive covers SLAPPs in civil matters with cross-border implications.”
The proposed directive will enable judges to swiftly dismiss manifestly unfounded lawsuits against journalists and human rights defenders. It also establishes several procedural safeguards and remedies, such as compensation for damages, and dissuasive penalties for launching abusive lawsuits.
”With these measures we are helping to protect those who take risks and speak up when the public interest is at stake – when they report for example on allegations of money laundering and corruption, environmental and climate matters or other issues that are important to us all”, said the Commission’s vice president Věra Jourová.
The Commission says the safeguards are expected to benefit in particular journalists and persons or organisations engaged in defending fundamental rights and a variety of other rights, such as environmental and climate rights, women’s rights, LGBTIQ rights, the rights of the people with a minority racial or ethnic background, labour rights or religious freedoms.
The UN Special Rapporteur for Freedom of Opinion and Expression recently stated that “in a perverse twist in the #MeToo age, women who publicly denounce alleged perpetrators of sexual violence online are increasingly subject to defamation suits or charged with criminal libel or the false reporting of crimes.”
Equality Now said that it over the past ten years has witnessed a global trend of defamation lawsuits used to retaliate against and silence women who have spoken out denouncing gender-based violence. ”Examples of this can be seen all around the world, including in India, Russia, the Netherlands, the USA, France and Kazakhstan.”
”A predominant characteristic of gender-based violence is the unequal power differential that exists between the offender and the survivor and it is this very same power differential that is exploited in the subsequent use of the law to silence or discredit the survivor.”
”The Special Rapporteur on Violence Against Women, in a report on online violence, explains that the act of threatening survivors with legal proceedings in an attempt to prevent them from reporting their situation is another form of gender-based violence, cautioning that the use of defamation lawsuits against women who speak out about their experiences “may form part of a pattern of domestic violence and abuse.”
”To allow lawsuits, such as defamation, to be interpreted and wielded in a manner that restricts or prevents women from expressing their experiences of violence and discrimination, will only serve as an additional barrier to access to justice for survivors and stifle the prevention of future violence”, Equality Now said.
”When survivors are discouraged from speaking out about their experiences, restricted in their expression of it, or discredited when they do come forward, violence against women persists and perpetrators enjoy impunity. To effectively advocate against and combat violence against women, we must uplift and protect the voices of survivors.”
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