SLAPP (Strategic Litigation Against Public Participation) is a legal tactic used to silence critics and suppress public participation. SLAPPs are widely recognized tools to curb freedom of expression, as well as public participation, and refer to the filing of unfounded lawsuits by politically or economically influential persons against active members of society (journalists, NGOs, activists). The threats posed by SLAPPs have a “chilling effect” on everyone actively engaged in public life and trying to take a stand on issues of public importance.
Since 2021, the tendency towards SLAPPs can be observed in Georgia too. At this stage, no less than 38 defamation cases are pending in the general courts of Georgia. These lawsuits have similar characteristics and bear a systematic nature. The trend has become a significant problem for media freedom in Georgia, with high-ranking political officials, members of the Georgian Dream party, and their associates initiating legal disputes on defamation grounds. The purpose of using SLAPP before elections is to neutralize critical media. An example of this is the fine imposed by the City Court on TV Pirveli and its journalist on October 11, 2024, based on a lawsuit by a former Minister of Internal Affairs.
Key trends in Georgia include:
- A majority of plaintiffs are government-affiliated individuals, including city mayors, MPs, ministers, and police officers.
- Over half of the claimants demand excessive moral damages, creating financial barriers for defendants.
- The main targets are three critical media outlets (Mtavari Arkhi, TV Pirveli, and Formula) and their journalists.
The situation is exacerbated by the approach of the general courts, which often ignore the dangers of such disputes to civil engagement and disregard existing standards for protecting freedom of expression. The courts have shown bias towards government-affiliated plaintiffs, misallocated the burden of proof, and awarded large amounts in moral damages.
This trend poses a significant threat to media freedom, public participation, and the overall health of Georgia’s democratic society.
The Georgian Democracy Initiative (GDI), a member of MAC, actively focuses on addressing the issue of SLAPP.
