ACT passes Anti-SLAPP legislation. 27 August 2008

The ACT Parliament today passed legislation to protect public participation. This is Australia's first "anti-SLAPP*" legislation. It aims to discourage civil proceedings that interfere with public participation. Public participation is defined in the legislation as meaning action taken to influence public opinion, the government or corporations. (*SLAPP - Strategic Lawsuit Against Public Participation)

The legislation implicitly recognises the importance of public participation and the effect of SLAPP suits, namely to silence people who would otherwise enagage in public debate and protest. The Act carries penalties for bringing legal proceedings to discourage, divert or punish political opponents.

The committee process which lead to the drafting and passing of this bill heard submissions from members of the public including in relation to the Gunns20 case.

The legislation has been applauded, with some reservations, by The Wilderness Society (defendant#6 in the Gunns20 case). The Wilderness Society made submissions to the ACT committee that considered the legislation.

The law was voted for by all parties.

Attached:
- Canberra Times article containing comment from the ACT Attorney-General Simon Corbell and others.
- Media release from Greens member of the Legislative Assembly, Dr Deb Foskey, who first introduced the bill.
-The law as passed - following amendment of the original bill by the ACT government.
-ABC coverage of passing of laws.

AttachmentSize
080828 ABC online Laws to prevent 'Gunns 20' cases in Canberra.doc20.5 KB
080828 Canberra Times_Anti-SLAPP laws.doc25 KB
j2008-419-protpubpartbill08assam-Final-D05.pdf22.63 KB
080828 Dr Foskey Media Release.doc25 KB