S.L. 460.40 · Strategic Lawsuits Against Public (S.L. 460.40)
S.L. 460.40 Art. 2Interpretation. Cap. 249.
In this order, unless the context otherwise requires:
"abusive court proceedings against public participation" means court proceedings which are not brought to genuinely assert or exercise a right, but have as their main purpose the prevention, restriction or penalisation of public participation, frequently exploiting an imbalance of power between the parties, and which pursue unfounded claims, including but not limited to measures such as:
(a) the disproportionate, excessive or unreasonable nature of the claim or part thereof, including the excessive dispute value;
(b) the existence of multiple proceedings initiated by the plaintiff or associated parties in relation to similar matters; PARTICIPATION
(c) intimidation, harassment or threats on the part of the plaintiff or the plaintiff’s representatives, before or during the proceedings, as well as similar conduct by the plaintiff in similar or concurrent cases; and
(d) the use in bad faith of procedural tactics, such as delaying proceedings, fraudulent or abusive forum shopping or the discontinuation of cases at a later stage of the proceedings in bad faith;
"Court" includes any Court and any tribunal established by law seised of any matter to which this order applies;
"person" shall have the same meaning assigned to it in article 4(e) of the Interpretation Act;
"public participation" means the making of any statement or the carrying out of any activity by a natural or legal person in the exercise of the right to freedom of expression and information, freedom of the arts and sciences, or freedom of assembly and association, and any preparatory, supporting, or assisting action directly linked thereto, and which concerns a matter of public interest;
"matter of public interest" means any matter which affects the public to such an extent that the public may legitimately have an interest in it, included but not limited to areas such as:
(a) fundamental rights, public health, safety, the environment or the climate;
(b) activities of a natural or legal person that is a public figure in the public or private sector:
Provided that an activity of a public figure shall not be considered as a matter of public interest when the sole purpose of a statement or activity concerning such a person or entity is to satisfy the curiosity of a particular audience regarding the details of a natural person’s private life;
(c) matters under consideration by a legislative, executive or judicial body, or any other official proceedings;
(d) allegations of corruption, fraud, or of any other offence of the same nature, whether criminal or otherwise;
(e) activities aimed at protecting common values, such as respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, and the protection of democratic processes against undue interference particularly by fighting disinformation;
"third-country" means a State which is not a Member State of the European Union.