Ciarán Cannon (Galway East, Fine Gael) | Oireachtas source

The issue of strategic lawsuits against public participation, SLAPPs, is another, perhaps recent, development in the Irish media landscape, where one could credibly argue that some people are attempting to instigate litigation, simply to silence the media on a particular matter or political viewpoint.

Mr. McConnell mentioned earlier the significant costs involved from the moment that a notice of a lawsuit arrives on his desk. The fact that it is being defended from the very beginning means costs just ramp up. Mr. McConnell says he may never get into court.

Sweden seems to be one of the countries that seemingly protect against SLAPP culture reasonably well. I am interested in the witnesses’ perspectives on the work that Sweden is doing that could be incorporated into the Irish legislative landscape. For example, it has a cost-shifting mechanism whereby the party initiating a SLAPP lawsuit is required to bear the legal costs of the defendant if the lawsuit is deemed to be frivolous or, indeed, intended to stifle public participation. Sweden also has procedures for the early dismissal of lawsuits identified as SLAPPs, thereby preventing prolonged battles that would have two effects, namely, placing a huge burden on media outlets and the chilling of press freedom. Who are the global exemplars in managing this particular challenge, which is becoming ever more prevalent in Ireland? What can we learn from them?