[Greens-Media] Greens stop SLAPPs

[Manderson, Roland]

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ACT GREENS MLA DEB FOSKEY MEDIA RELEASE
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9 April 2008

 Greens stop SLAPPs 

ACT Greens MLA Dr Deb Foskey will today the Protection of Public
Participation Bill 2008 in the ACT Legislative Assembly.

"This Bill aims to encourage public participation by protecting the
right of people to speak out and organise on matter of public interest"
Dr Foskey said today. 

"I am introducing this Bill in response to the growing incidence of
SLAPP litigation in Australia".
 
"SLAPPs - Strategic Litigation Against Public Participation - are
lawsuits intended to silence and intimidate people who might want to
express their views on matters of public interest.  Loopholes in current
court procedure enable these abuses of legal process. "
 
"Most often SLAPP cases are eventually lost in the courts - but before
that happens it can take years, cause immense emotional strain and
seriously deplete or bankrupt defendant individuals, unions or community
groups - while debate is silenced on the real public policy concerns
behind the case.  That's why we need anti-SLAPP legislation." 

"The ACT Human Rights Act recognises the right to freedom of thought and
expression.  However, it is still possible for individuals and
organisations with sufficient resources to abuse legal processes in
order to attack those rights. The notorious Gunns 20 case is a clear
example."  

"My Bill creates a right of public participation.  It also contains
provision for the award of costs and punitive damages as mechanisms to
discourage the abuse of court processes in order to harass opponents."
 
"When I introduced my initial anti-SLAPP Bill, the then Attorney General
gave in-principle support to its aims, but expressed several
reservations."
 
"I had the Bill referred to the Assembly's Legal Affairs Committee. This
redrafted Bill, which I am introducing today was in essence endorsed by
that (tri-partite) committee."

"The intent of this Bill is consistent with Labor policy and addresses
the Attorney Generals' earlier concerns.  I hope that the Government
will stand up for freedom of speech and political expression by
supporting my Bill" Dr Foskey said.


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Roland Manderson   Media Advisor
ACT   Greens    MLA  Deb  Foskey  
Legislative Assembly for the ACT 
ph(02)62050551      m 0412241379
==== www.act.greens.org.au ===== 
  
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