This research focuses on strategic lawsuits against public participation (SLAPPs), legal proceedings that may be used to intimidate journalists, media organisations or NGOs who speak out on matters of public interest. It analyses how Swiss law addresses this phenomenon, particularly in the area of interim measures against the media. Drawing on a comparative analysis with foreign law, the project aims to identify gaps in the current legal framework and propose solutions to better protect freedom of expression and freedom of the press.
Strategic lawsuits against public participation (SLAPPs, short for Strategic Lawsuits Against Public Participation) are legal proceedings used to discourage or silence journalists, the media, NGOs or other individuals who speak out publicly on matters of public interest. Although they take the form of ordinary legal proceedings, such as interim measures, their aim is often less to win the case than to exert financial, psychological and/or procedural pressure in order to restrict the freedom of expression of the targeted parties.
This research project examines how Swiss law addresses this phenomenon. It focuses in particular on interim measures sought against the media, which can prevent or delay the publication of information even before the court has considered the merits of the case. The research will analyse whether current legal tools make it possible to distinguish between legitimate proceedings and abusive litigation, and to ensure sufficient protection of press freedom and public debate.
Drawing on an in-depth analysis of legislation, case law and legal scholarship since the introduction of interim measures against the media, as well as a comparison with approaches developed in other countries, particularly within the European Union, the project aims to identify gaps in Swiss law and propose avenues for improvement.
