The International Press Institute (IPI), a global network of editors, media executives, and leading journalists who share a common dedication to quality and independent journalism, has released a research report on the threat that Strategic Litigations Against Public Participation (SLAPPs) pose to Africa’s climate and environmental journalists, revealing what it calls “a perfect storm for judicial harassment.”
Titled, “SLAPPs against environmental and climate journalists in Africa: A perfect storm for harassment,” the report is based on interviews and research conducted in seven countries in West, Central, and East Africa, namely: Ghana, Nigeria, Cameroon, Kenya, Somalia, Mozambique, and South Africa. The report looks at existing initiatives to defend journalists against vexatious legal cases, identifies legislation that is open to abuse by powerful actors, and traces key trends and patterns seen across the region, while also putting forward recommendations to address the threat that SLAPPs pose.
It is published as part of IPI’s Africa programme, which seeks to protect and advance press freedom and the safety of journalists in Africa, focusing on particularly at-risk groups such as climate and environmental reporters.
The report notes that climate and environmental journalists in Africa are reporting on some of the most challenging and consequential issues facing the continent, which all carry significant global, political, security, economic, and social implications. But precisely because of the key role they play on the front lines of the climate crisis, including exposing the corruption and corporate malfeasance that fuels environmental destruction, climate and environmental journalists frequently come under attack from influential individuals and organizations seeking to suppress their vital reporting.
Journalists in Africa, in addition to facing physical attacks and detention, also face a risk of vexatious lawsuits, SLAPPs, which seek to silence journalists’ scrutiny of policies and practices that negatively impact the climate and environment.
The key findings from the report include that SLAPPs represent a serious yet underreported threat to environmental and climate journalism in Africa; despite this threat, no country in Africa has enacted specific anti-SLAPP laws, though efforts are being made at regional and national levels to develop measures to address the threat; the financial precarity of many media outlets in Africa, especially those covering climate issues, leaves environmental journalists highly vulnerable to SLAPPs; and the power imbalance between claimants and environmental journalists means the latter are often forced to reach unfavourable settlements out of court.
The other findings are that foreign-owned energy and resource extraction companies pose a particularly high threat to environmental journalists. IPI’s research found multiple examples of multinationals abusing local legislation to stifle critical reporting; outdated and/or vaguely worded legislation easily abused by powerful actors to harass climate journalists; options for legal support from NGOs or media foundations for journalists facing legal action are severely limited; in general, there is a serious lack of systematic data on the use of SLAPPs across the region, contributing to a general lack of awareness; and awareness of SLAPPs or how to deal with them from both media organisations and the judiciary is not particularly high.
The report calls on states and other stakeholders to take steps to protect journalists from SLAPPs, including the passage of anti-SLAPP legislation and repealing laws open to abuse; strengthening monitoring and training initiatives; and expanding advocacy, legal, and financial support for countering SLAPPs.
