a sentence of this nature may also constitute an infringement of freedom of expression
pursuant to Article 13 of the Convention. This was the situation in this case. 12
11.
Secondly, and based on the above, the Court determined that, as a measure of
reparation, the State should adopt legislative and other measures in order to make its
domestic law compatible with the obligations established in the judgment. In particular, the
State authorities had to carry out a control of conventionality to prevent the criminal law
that protects honor from being applied in cases such as that of Mr. Palacio Urrutia.
Additionally, legislative measures should be adopted so that criminal proceedings are not
used by public officials to claim protection of their honor in cases where speeches of public
interest were made that could have constituted insults or slander against them when they
were carrying out their duties. This reparation measure, although it is applicable only in this
specific case, is the logical consequence of criminal sanctions being outside the convention in
the assumption analyzed in the case. 13 It is a solution that the judgment proposes in this
specific case, but that must serve as a basis for actions that States could carry out in the
future to avoid incurring international responsibility.
12.
With the above in mind, we will now delve into two aspects that, although they have
already been addressed in the previous paragraphs, are of special relevance for the future of
the protection of freedom of expression in the region, 1) the importance of the anti-SLAPP
measures, and 2) the scope of the protection of freedom of expression in the case of
speeches of public interest.
II. ANTI-SLAPP MEASURES: AN EFFECTIVE PRACTICE FOR THE PROTECTION OF
FREEDOM OF EXPRESSION
13.
The term “SLAPP” is an acronym for the expression “Strategic Lawsuit Against Public
Participation”. This term refers to legal actions, whether of a criminal or civil nature, that are
filed not to vindicate a just legal claim by a person whose honor or good name has been
affected, but to punish or harass the defendant for participating in public life. Defendants
facing so-called “SLAPP lawsuits” may include journalists and traditional media
organizations, but also individuals and companies in other sectors who express opinions on
issues of public interest, in the media, marketing, or any other form of participation in the
marketplace of ideas.
14.
The “strategy” of a SLAPP lawsuit is to burden the defendant with litigation costs so
burdensome that they desist, cease or retract their speech, or face the threat of jail time or
monetary damages so high that produce an effect of self-censorship and retraction of a
statement. Given this, in some latitudes the creation of "anti-SLAPP" laws has been
promoted. These laws seek to deter SLAPP lawsuits by increasing the legal protections
available to defendants. These laws allow the defendants a remedy to dismiss lawsuits that
lack legal basis, or that seek to indirectly censor those who issue statements that make a
certain person or sector uncomfortable (such as a government official or a business group),
especially when these issues include criticism of the government and are matters of public
interest.
15.
The Ontario legislation is a relevant example of the type of provisions that have been
made to combat the SLAPP. In 2015, in an effort to address lawsuits aimed at silencing or
Cf. Palacio Urrutia et al. v. Ecuador. Merits, Reparations and Costs. Judgment of November 24, 2021, par.
111-127.
12
Cf. Palacio Urrutia et al. v. Ecuador. Merits, Reparations and Costs. Judgment of November 24, 2021, par.
177-182.
13
4
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