Introduction
SLAPP Threats are increasingly endangering press freedom in Eswatini. Journalists who report on issues of public interest face intimidation through lawsuits designed to silence critical voices. These legal actions not only strain the resources of media outlets but also create a chilling effect that discourages investigative reporting.
1. Power Imbalance: David vs Goliath
Many SLAPP Threats cases display a stark imbalance of power. Well-funded plaintiffs often target smaller media outlets or individual journalists, making it difficult for them to defend against costly legal battles. The case against The Swazi Bridge, with damages exceeding 50 million Emalangeni, exemplifies how this imbalance can threaten both journalistic freedom and financial stability.
2. Undermining Public Interest Journalism
SLAPP Threats directly undermine reporting that serves the public interest. Legal intimidation discourages media outlets from exposing wrongdoing, such as controversial licensing practices or corporate misconduct. This effect extends beyond the targeted publication, signaling to the wider journalistic community that critical reporting carries significant personal and financial risks.
3. Chilling Effect on Freedom of Expression
The broader impact of SLAPP Threats is the chilling effect on freedom of expression. Journalists may self-censor or avoid sensitive topics to evade potential lawsuits, reducing transparency and limiting the public’s access to important information. Over time, this weakens accountability and hinders the development of a robust, independent press in Eswatini.
4. Legal Intimidation and Harassment
SLAPP suits are primarily designed to intimidate and harass journalists, discouraging them from reporting on sensitive topics. The mere threat of costly litigation can lead to stress, self-censorship, and in some cases, closure of media outlets.
These cases often involve exaggerated claims for damages, such as the lawsuit against The Swazi Bridge demanding over 50 million Emalangeni. Such disproportionate legal actions are intended less to win in court and more to drain resources and silence dissent.
5. Impact on Press Freedom Rankings
Eswatini ranks 98th out of 180 countries in the World Press Freedom Index, reflecting the persistent challenges journalists face. SLAPP cases contribute significantly to this status by creating an environment where media outlets fear reprisal for critical reporting.
According to Reporters Without Borders, such legal harassment directly undermines democratic principles and the public’s right to know, demonstrating the broader implications of SLAPP suits beyond individual cases.
6. Historical Context of SLAPPs in Eswatini
The use of SLAPP-like tactics in Eswatini is not new. In 2014, journalists Bheki Makhubu and Thulani Maseko were imprisoned on contempt charges for criticizing the judiciary. In 2024, Zweli Dlamini faced a defamation suit for allegedly defaming the King.
These cases illustrate a long-standing pattern of using legal instruments to suppress freedom of expression, highlighting the urgent need for comprehensive legislative reform to protect journalists and the public interest.
7. Chilling Effect on Journalists
SLAPP threats create a chilling effect on the press. Journalists may avoid investigating certain topics or questioning powerful entities for fear of legal retaliation. This self-censorship limits public access to critical information and undermines accountability.
Such intimidation can extend beyond individual journalists, affecting entire media houses and deterring new entrants from pursuing investigative reporting, further weakening the ecosystem of free expression.
8. Absence of Formal Anti-SLAPP Laws
Many countries in Southern Africa, including Eswatini, have yet to formally recognize SLAPPs. Without clear legal protections, journalists remain vulnerable to abusive litigation. SLAPP suits exploit this gap to punish media outlets for exercising their right to report on public interest matters.
Legal instruments such as gag orders and criminal defamation have historically been misused to achieve the same effect, emphasizing the urgent need for legislative reform to safeguard press freedom and human rights.
9. Regional Human Rights Framework
International and regional instruments, like Article 9 of the African Charter on Human and Peoples’ Rights, support the right to freedom of expression and access to information. The Declaration of Principles of Freedom of Expression in Africa also advocates for protecting these rights against abusive legal action.
Strengthening these frameworks and aligning national laws with international standards is essential to empower journalists, reinforce democratic values, and ensure the public’s right to know is upheld.
10. Urgent Need for Legislative Reform
The final step to protect press freedom in Eswatini is urgent legislative reform. Comprehensive anti-SLAPP laws can offer quick remedies for journalists, prevent frivolous lawsuits, and safeguard public interest reporting. Implementing such laws will create an environment where media outlets can operate without fear of harassment or intimidation.
By establishing clear legal protections, journalists can focus on investigative work, exposing wrongdoing, and holding powerful entities accountable without facing crippling financial or legal pressures. SLAPP Threats must be addressed proactively to secure a free and independent press.
Conclusion: Safeguarding Freedom of Expression
SLAPP Threats in Eswatini highlight the dangers posed to journalists and the public when legal instruments are abused. Legislative reform, public awareness, and support for investigative reporting are essential to empower journalists and uphold democratic values.
To stay updated on press freedom developments, anti-SLAPP initiatives, and expert insights, visit our website regularly at mzansiurbanreport.com for practical guidance and news on protecting freedom of expression.
