인터넷상 표현의 자유와 전략적 봉쇄소송(SLAPP)
Freedom of Expression on the Internet and Strategic Lawsuit Against Public Participation(SLAPP)
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A SLAPP(strategic lawsuit against public participation) is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. While most SLAPPs are legally meritless, the typical SLAPP plaintiff does not normally expect to win the lawsuit. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs or simple exhaustion and abandons the criticism. A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a legal threat. The difficulty is that plaintiffs do not present themselves to the Court admitting that their intent is to censor, intimidate or silence their critics. SLAPPs have various forms. A new form of lawsuit called a "Cyber SLAPP" or “SLAPP in the Cyberspace” is threatening to overturn the promise of anonymous online speech and chill the freedom of expression that is central to the online world. CyberSLAPP cases typically involve a person who has posted anonymous criticisms of a corporation or public figure on the Internet. The target of the criticism then files a frivolous lawsuit just so they can issue a subpoena to the Web site or Internet Service Provider(ISP) involved, discover the identity of their anonymous critic, and intimidate or silence them. This study aims to explore the concept, intent, effects and problems of SLAPP. More specifically, this study focuses on SLAPP in the Cyberspace. Part I explores the concept and problem of SLAPP in general. Part II analyze the concept, intent, effects and problems of SLAPP. Part III analyze the concept, intent, types, effects, problems of SLAPP in the Cyberspace. Part IV provides defenses against SLAPP, including SLAPP in the Cyberspace. Finally, Part V argues for establishing efficient defenses against SLAPP.
Abstract
A SLAPP(strategic lawsuit against public participation) is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. While most SLAPPs are legally meritless, the typical SLAPP plaintiff does not normally expect to win the lawsuit. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs or simple exhaustion and abandons the criticism. A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a legal threat. The difficulty is that plaintiffs do not present themselves to the Court admitting that their intent is to censor, intimidate or silence their critics. SLAPPs have various forms. A new form of lawsuit called a "Cyber SLAPP" or “SLAPP in the Cyberspace” is threatening to overturn the promise of anonymous online speech and chill the freedom of expression that is central to the online world. CyberSLAPP cases typically involve a person who has posted anonymous criticisms of a corporation or public figure on the Internet. The target of the criticism then files a frivolous lawsuit just so they can issue a subpoena to the Web site or Internet Service Provider(ISP) involved, discover the identity of their anonymous critic, and intimidate or silence them. This study aims to explore the concept, intent, effects and problems of SLAPP. More specifically, this study focuses on SLAPP in the Cyberspace. Part I explores the concept and problem of SLAPP in general. Part II analyze the concept, intent, effects and problems of SLAPP. Part III analyze the concept, intent, types, effects, problems of SLAPP in the Cyberspace. Part IV provides defenses against SLAPP, including SLAPP in the Cyberspace. Finally, Part V argues for establishing efficient defenses against SLAPP.
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