Abusive lawsuits against journalists in Switzerland
A ZHAW study has investigated the threats SLAPP lawsuits pose to the Swiss media sector, showing how abusive legal action of this kind can intimidate or even muzzle journalists. Although only a small number of editorial departments are directly affected by them, every SLAPP lawsuit is one too many. The phenomenon of SLAPPs represents a considerable threat to journalism, despite the infrequency with which such cases arise. Nevertheless, the majority of the legal experts and chief editors interviewed in this study expressed their preference for industry-specific solutions over legal measures.
Strategic lawsuits against public participation (SLAPPs) are typically filed by wealthy and influential individuals or organisations. This study is the first to shed light on the frequency and dynamics of these lawsuits and provide an insight into their victims, plaintiffs and potential consequences for journalism in Switzerland.
Vinzent Wyss and his research team at the ZHAW conducted guided interviews with 19 legal experts, chief editors and industry representatives. In addition to the interviews, 142 media professionals in leading positions participated by answering an online survey. The Swiss Federal Office of Communication (OFCOM) commissioned this study as part of the National Action Plan.
The study found that only a small number of editorial departments active in the Swiss media industry have had experiences with SLAPP lawsuits. However, many of the study participants express their concern that SLAPPs can make journalistic work significantly more difficult owing to the financial challenges they entail and the time they take up. They also recognise the risk of a "chilling effect," which is a kind of self-censorship, and a potential loss of journalism's watchdog function.
According to its author, Vinzenz Wyss, the study found that legal experts are insufficiently aware that SLAPPs take aim at the very heart of journalism. "Unlike in other fields," Wyss explains, "SLAPP lawsuits, or the mere threat of them, directly impede journalism in fulfilling its fundamental purpose: exposing societal grievances through investigative research."
Despite these findings, the majority of the legal experts included in the study believe that existing laws, particularly the Swiss Procedure Code (CPC), already offer sufficient recourse against SLAPPs. However, some of the respondents, particularly those from the media sector, propose legal measures, including a reduction in the financial burden on media organisations and the early enforcement of legal protection as outlined in Article 59 of the CPC.
Serious concerns have been raised from a legal perspective regarding the feasibility of the proposed legal measures. Some respondents see the solution in industry-specific measures, such as enabling access to collective legal resources, establishing a fund for SLAPP-related expenses, fostering the exchange of knowledge and experience, as well as enhancing awareness among media policymakers and the general public.
The study was led by Vinzenz Wyss, Professor of Journalism at the ZHAW.
The study (German only) can be accessed via the following link:
https://digitalcollection.zhaw.ch/handle/11475/30121?pk_vid=7bc571cf8ecef7ce17103388339a7edd
Contact:
Prof. Vinzenz Wyss
Tel. +41 58 934 77 76
E-mail: vinzenz.wyss@zhaw.ch