When the law is used to silence journalists: Inside the rise of SLAPPs in Africa

Across Africa, journalists, activists and civil society organisations (CSOs) are increasingly being dragged into costly, drawn-out legal battles. They are designed not to win in court but to exhaust, intimidate and silence them.

Following the adoption of the Resolution on the Need to Conduct a Study on Strategic Litigation Against Public Participation (SLAPPs) in Africa – ACHPR/Res.667(LXXXVIII)2026, this technical paper, prepared by the Thomson Reuters Foundation, maps SLAPP trends across Africa and examines the role of the African Commission on Human and Peoples’ Rights in responding to this challenge.

It draws on documented cases to show how civic actors are targeted by corporations, politicians, and other powerful actors seeking to silence public interest work. It was prepared in support of the mandates of the Special Rapporteur on Freedom of Expression and Access to Information in Africa and the Special Rapporteur on Human Rights Defenders in Africa on the Resolution.

Key insights

1. SLAPPs aren’t about winning, but about silencing

Unlike ordinary lawsuits, SLAPPs are defined by their purpose, not their legal form. They’re designed to drain journalists and activists psychologically and financially, intimidating them into self-censorship and warning others off reporting the same issues.

2. Power imbalance

Corporations, politicians and other powerful figures use their resources to bury smaller actors in time-consuming, expensive proceedings. Even when cases are eventually dismissed, the damage to independent journalism and civic space is often already done.

3. No African country yet has dedicated anti-SLAPP legislation

While Canada, Australia, parts of Europe and Asia and several US states have introduced anti-SLAPP laws, no African state has done the same. South Africa is the only country where courts have formally recognised a SLAPP defence.

4. The true scale is almost certainly bigger than the data shows

Fear of retaliation, lack of awareness, and self-censorship after pre-publication legal threats mean most SLAPPs are never documented. What we see is the tip of the iceberg.

5. Colonial-era laws are being weaponised

Outdated criminal defamation, sedition and “false news” laws (many inherited from colonial legal systems) are providing ready-made tools for those seeking to silence public interest work.

6. SLAPPs are happening in every sub-region

The paper documents cases from Southern, Western, Eastern and Central Africa, targeting environmental activists in South Africa, investigative journalists in Nigeria and Mozambique, whistleblowers in the Democratic Republic of the Congo, and civil society organisations in Kenya and Cameroon, among others.

7. Corporations are frequent plaintiffs, often around environmental and financial reporting

Many documented cases involve companies suing after journalists or CSOs exposed alleged environmental harm, illegal mining, labour abuses or financial misconduct.

8. SLAPPs rarely travel alone

They often come alongside smear campaigns, withdrawal of advertising revenue, police interrogations, search and seizure of equipment, and abuse of other court processes, compounding the pressure on those who are targeted.

9. The African Commission has a critical role to play

The African Charter on Human and People’s Rights already provides a foundation for anti-SLAPP protection through rights to free expression, association, assembly and access to justice. A dedicated soft law instrument, such as a Model Law, would give states much-needed guidance to act.

10. There’s a clear path forward

The paper identifies three gaps the African human rights system can address: the absence of a regional anti-SLAPP instrument, limited SLAPP-specific legal expertise among judges, and the lack of reliable data. Each is actionable, and the technical paper outlines what can be done by the ACHPR to address these gaps.